Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

A: If a trademark is expired or abandoned on the USPTO then it no longer is protected under trademark rules and regulations. The next steps would be to file an application for those marks with the USPTO. It is best to work with a trademark attorney or company to assist you with procuring rights to the trademark application.

A: Purchasing a cancelled or abandoned trademark can be a complex process, but it is possible to acquire them if you follow the right steps. Here’s a general guide on how you might proceed with the trademarks you’ve found:

- Use the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS) to verify the current status of the trademarks. Look up “Origin Systems” and “Bullfrog Productions” to ensure they are indeed cancelled or abandoned and to get details on their status.

- Determine the last known owner of each trademark. This information is typically available in the USPTO database and will help you understand who held the rights before cancellation or abandonment.

- Conduct a thorough search for any similar or conflicting trademarks that might affect your use of the marks. This includes searching for any new filings or registrations that might overlap with the trademarks you're interested in.

- Check if there has been any use of the trademarks or similar names by other entities since they were abandoned or cancelled. This can help you assess the potential for issues with brand confusion or rights claims.

- Given the complexities involved in trademark law and registration, it’s advisable to consult with a trademark attorney. An attorney can help you navigate the application process, ensure that your application is properly prepared, and address any potential legal issues related to the trademarks you’re interested in. A trademark attorney can also help you evaluate any potential risks associated with the trademarks and advise you on how to best protect your rights once the mark is registered.

A: To purchase a cancelled or abandoned trademark like those listed for Origin Systems and Bullfrog Productions, you'll need to start by determining if the trademark is indeed available for registration. A cancelled or abandoned status means the original owner is no longer actively protecting the mark, but it doesn't guarantee that someone else hasn't already acquired rights to it. Conduct a thorough search through the United States Patent and Trademark Office (USPTO) database to confirm its current status and ensure no conflicting claims exist.

Once you've verified that the trademarks are available, you can file a new trademark application with the USPTO. You'll need to provide details such as the trademark you want to register, the goods or services it will be associated with, and evidence of its use in commerce or intent to use. Be prepared to pay the necessary filing fees and to navigate through potential office actions or objections that may arise during the application process.

If you're interested in acquiring any associated assets or goodwill from the original owner, try contacting them directly. Even if the trademarks were abandoned, there might still be an opportunity to negotiate the purchase of rights or related intellectual property. Be cautious and consider consulting a professional with expertise in intellectual property law to guide you through the process and ensure you’re fully protected.