Central Point, OR asked in Trademark and Intellectual Property for Oregon

Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?

3 Lawyer Answers
Giselle Ayala Mateus
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Answered
  • Trademarks Lawyer
  • New York, NY

A: Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark Status: You would begin by confirming the current status of "secret sauce" using the USPTO's Trademark Status & Document Retrieval (TSDR) system. This step ensures that the abandonment is confirmed and that the mark is not in the process of being revived.

2. Conduct a Comprehensive Search: Before filing a new application, a thorough search is advisable to ensure that "secret sauce" is not already in use by another party in a way that could create confusion or potential legal conflicts.

3. File a New Application: If the trademark is indeed abandoned and no conflicts are found, you could hypothetically file a new application for "secret sauce" via the USPTO's Trademark Electronic Application System (TEAS). This involves submitting the required fees and providing necessary details about the intended use of the mark.

4. Legal Assistance: Consulting with a trademark attorney could provide valuable guidance throughout this process, ensuring that all legal requirements are met and increasing the chances of a successful application or revival.

In this hypothetical scenario, by carefully following these steps, one might be able to secure the trademark "secret sauce" after its abandonment due to a failure to respond or late response.

Ryan S. Luft
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Ryan S. Luft
Answered
  • Trademarks Lawyer
  • Greensboro, NC

A: I agree with the other attorney's analysis, but I would add that it appears that maybe it was abandoned because the applicant did not have an adequate response showing why its mark would not cause confusion with an existing trademark registration for IKE'S DIRTY SECRET SAUCE, which is still active and could cause a problem for a proposed registration for "SECRET SAUCE".

James L. Arrasmith
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Answered

A: When a trademark application like "secret sauce" is marked as "602 - Abandoned-Failure To Respond Or Late Response," it means the previous applicant did not complete the necessary steps to secure the trademark. This opens up the possibility for others to apply for it.

To check if "secret sauce" is available, you should first conduct a thorough search in the USPTO database to ensure no one else has filed for the same or a confusingly similar mark. This step is crucial to avoid potential legal issues.

If the search confirms availability, you can then file a new trademark application with the USPTO. Ensure you complete all required forms and respond promptly to any communications from the USPTO to avoid abandonment. It's also wise to consider seeking legal advice to navigate the application process smoothly and increase your chances of securing the trademark.

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