I wish to register a trademark and name that expired under section 8 in 2000. I am not the original inventor.
Garland, TX
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Posted about 1 month ago in Intellectual Property
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a person filed and was granted a registered trademark in November 1993. was in business for several years then went under. The registeration was cancelled in December 2000 under section 8. The person has made no attempt to renew or update the trademark.
My question is; Can I register the name and logo as my own? I will be opening a simular business. Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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Yes, once a trademark is "dead" and abandoned, the mark become available again. However, that's not the end of the inquiry. Just because that mark is now available for registration, since 9 years have gone by, there could be other competitors using similar marks whose registrations prior to yours could preclude yours.
You need to see an IP lawyer to review the mark in question and what else is out there, so you can get some specific advice about whether this TM is a good choice, since a TM registration and company name is a big decision, and before you make it and invest your time and money on it, it should be an informed one. Your TM lawyer will also advise you to hire a professional trademark search company like Thompson Compumark to scour public records and databases to see what the competition is. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Jeffrey Thekdi Gedeon
This attorney is licensed in Michigan.
Posted about 1 month ago.
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Agreed, too often new business owners fail to conduct a trademark search for their business or product names that will be used as trademarks only to find out later that someone else had rights to the mark. At a minimum such a situation can result in costly rebranding efforts, and potentially can involve litigation. In the grand scheme of things, the cost of conducting a trademark search is minimal and should be seen as an investment in your business.
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