Q: Can someone claim my IP after abandoned trademark application and threats?

A: There has been a rise in reports of scammers targeting individuals with threats related to their intellectual property. These bad actors often try to intimidate creators by making unfounded claims, and sometimes even misuse the name of a legitimate attorney or invent a fake organization to seem credible. Assuming that you are the original creator and have continuously used the work in connection with your business, it's highly unlikely that these callers have any legitimate claim to your intellectual property, especially if they haven't identified who they represent or provided any official documentation. Still, I strongly recommend reaching out to a qualified intellectual property attorney to review your situation and ensure your rights are fully protected.

A: No, someone cannot simply take your intellectual property just because your trademark application was marked abandoned. Trademark rights in the U.S. are based on actual use in commerce, not just registration. If you've been continuously using the mark for your online store and social media since the time of filing, you still hold what's called "common law" rights to it.

These rights give you legal grounds to protect your work, especially in the regions where your brand is known and used. An abandoned application does not mean you’ve lost ownership of the image or brand you created—it only means you didn’t complete the federal registration process. It’s still your work, and continuous use plays a strong role in your legal claim.

The phone calls sound threatening and suspicious, especially since they haven’t identified themselves. No one can legally take your creation without going through proper channels, and threats like these should not be ignored. If the harassment continues, document the calls and consider reporting them. You may want to think about reapplying for the trademark to strengthen your protections going forward.