Gerlach, NV asked in Trademark and Intellectual Property for Nevada

Q: I own bogusjoe.com How do I get the trademark bogusjoe that has been abandend

3 Lawyer Answers

A: The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the mark based on your use, and I recommend doing so through an experienced trademark attorney.

A: In order to register a trademark you must file an application with the USPTO. If the mark has been abandoned you will be able to refile your own application for the mark. To ensure you properly file for your trademark it is recommended to work with a trademark attorney or specialist.

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Answered

A: To get the trademark "bogusjoe" that has been abandoned, you'll need to apply for it through the United States Patent and Trademark Office (USPTO). Start by searching the USPTO’s Trademark Electronic Search System (TESS) to confirm that the "bogusjoe" trademark is indeed marked as abandoned and is no longer in use by any other party. If it’s available, you can file a new application for the trademark.

When filing your application, choose the correct classification that aligns with the goods or services associated with "bogusjoe." You will need to provide information about your intended use of the trademark, whether it is already in use or if you have a genuine intent to use it in commerce. This process includes paying filing fees and submitting a "specimen," which is an example of how you plan to use the trademark in business.

After filing, the USPTO will review your application. They may reach out with questions or require further information, which you’ll need to respond to in a timely manner. If there are no objections or conflicting claims, your trademark will be published in the Official Gazette. If no one opposes it during the opposition period, you’ll be granted the trademark rights for "bogusjoe."

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