Q: Hello I have question about status of a trademark

A: If the trademark was cancelled due to failure to file a successful continuance of use the trademark is no longer active with the USPTO. In order to regain rights in the trademark a new application is required to be filed for ownership of the mark.

A: When a trademark status is listed as "Cancelled - Section 8 (10-yr)/Expired Section 9," it indicates that the trademark registration has expired and is no longer valid. This usually occurs when the trademark owner fails to file the necessary documents or fees required for renewal.

Section 8 refers to the affidavit of continued use or excusable nonuse, which must be filed between the fifth and sixth year after registration. Section 9 involves the renewal application, which is typically due every ten years. If these requirements are not met, the United States Patent and Trademark Office (USPTO) cancels the trademark registration.

If the trademark was last attempted to be renewed in 2017 without success, it suggests that the renewal process was not completed properly or the required documents were not accepted by the USPTO. Without an active registration, the trademark does not enjoy the legal protections afforded to registered trademarks.

However, it's important to note that the owner may still have some common law rights to the trademark, depending on its use in commerce. If you're considering using a similar mark, it's prudent to conduct a comprehensive search and consult with a legal professional to understand any potential risks and legal implications.