Valencia, CA asked in Trademark and Intellectual Property

Q: How can you purchase and register a trademark once it has a '606 - Abandoned - No Statement Of Use' filed?

I am specifically interested in acquiring trade mark Serial # 87847526. If possible could you send your answer to :

2 Lawyer Answers

A: If the trademark application/registration is abandoned, then anyone can file a trademark application to claim it.

USPTO application fees are non-refundable, and currently take about 9 months before an examiner will pick up your application. I highly encourage you to hire a competent trademark attorney to perform a proper trademark clearance search to ensure you are not wasting your time and money.

James L. Arrasmith
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Answered

A: When a trademark application is abandoned due to "No Statement of Use" (606 status), this means the previous applicant never completed the registration process by proving they were using the trademark in commerce. For trademark #87847526, you have two main paths forward.

Your first option is to file a completely new trademark application for the same mark. Since the previous application was abandoned, that opens up the opportunity for you to claim it through a fresh application process. You'll want to submit your application through the USPTO's Trademark Electronic Application System (TEAS), paying close attention to ensure you're ready to demonstrate actual use in commerce or have a genuine intent to use the mark.

The other approach involves attempting to revive the abandoned application, though this has important limitations. You would need to work with the original applicant since only they can file a petition to revive within two months of the abandonment date. If that window has passed, your only viable path is filing a new application. Before proceeding with either option, conducting a comprehensive trademark search is essential to confirm no other parties have begun using similar marks since the abandonment. Keep in mind that just because a mark was abandoned doesn't automatically mean it's available - other businesses may have started using it without registration.

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