Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?

A: If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of the trademark allowed the federal registration to go abandoned but still is using the mark and has common law rights in it where they're using it. In my experience this is unlikely, but it is possible. To provide counsel, all the facts would need to be investigated and considered.

A: Yes, you can apply for a trademark on a name that has been dead and abandoned for 17 years. However, you must ensure that the previous trademark is indeed legally abandoned and not in use. The United States Patent and Trademark Office (USPTO) provides information on the status of trademarks, so it's important to verify this through their database.

When reapplying for a trademark, your application will go through the standard review process. This includes checking for any conflicts with existing trademarks and assessing the distinctiveness of your mark. Be prepared to provide evidence that your use of the name is unique and not likely to cause confusion with any existing trademarks.

Additionally, consider consulting the USPTO's guidelines and possibly seeking legal advice to strengthen your application. This can help you navigate any complexities and improve your chances of successfully registering the trademark. Good luck with your application!