Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of this, the "specimen" used to "prove" its use in commerce literally used the former trademark image for Hannifin Corporation, a company that makes industrial equipment, embroidered onto a shirt and hat. Apart from the trademark, he has no actual company name registered, nor a DBA registered with the state/county. I was involved with the original logo design, and created digital assets during my free time under the impression that something would come of it. When I recently asked if I could get the Trademark transferred to myself, I was told that he "Wanted to save it as an investment for his kids" Is there anything I can do?
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A:
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading information provided to maintain the trademark.
You could file a petition to cancel the trademark with the United States Patent and Trademark Office (USPTO). This would involve demonstrating that the trademark has not been used as required by law and that the proof of use submitted was fraudulent or misleading. Additionally, you may want to consider any agreements or understandings you had regarding your involvement in the logo design and digital assets, as these might impact your rights or claims.
Consulting with a legal professional who has experience in trademark law would be beneficial to understand the best approach for your specific case and to help navigate the process of challenging the trademark or asserting your rights regarding your contributions.
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