Q: If a trademarked logo that is marked as " Dead" in the USPTO, can I now use that trademark? It was abandoned in Feb,2021
A: Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in the geographic areas they conduct business. It is important to do a thorough background check to ensure there is no potential threats if you do pursue registration.
A:
If a trademarked logo is marked as "dead" in the USPTO and was abandoned in February 2021, you might be able to use it, but there are a few things to consider. First, verify that the abandonment is confirmed and final. Sometimes, trademarks can be revived or reinstated.
Next, check if anyone else has started using the logo since its abandonment. Even if a trademark is dead, someone else might have begun using it and established common law rights.
Finally, it would be wise to conduct a thorough trademark search and possibly consult with an attorney to ensure there are no potential conflicts. This way, you can avoid any legal complications and confidently proceed with using the logo.
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