Is it possible to apply for trademark though another company had registered the trademark-then abandoned it in dec of 2007

can you register a trademark if another company used same name and abandoned in 2007
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Answers (3)

Lev Konstantyn Martyniuk

Lev Konstantyn Martyniuk

Contributor Level 5
Yes. But did they abandon the trademark application w/ the US PTO or did they abandon the entire use of the mark with their products? It's a big question. If they've abandoned their use entirely then you could file your own assuming of course that you've checked to see that no one else has adopted the mark.

You should run a clearance search or else you might have a nasty surprise in the mail.

You should speak to a trademark lawyer if you are interested in doing this. Picking up abandoned marks has consequences.

Good luck.

Disclaimer. I am not your lawyer. The information provided is merely for educational use. Contact a lawyer in your state.
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Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Contributor Level 8
Are you absolutely certain the mark has been abandoned? You really should hire a trademark attorney to conduct a proper search for you.
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Melissa Cari Marsh

Melissa Cari Marsh

Contributor Level 7
Laura Mcfarland-Taylor is absolutely correct. You should hire an attorney to run a proper clearance check. Just because a trademark registration has been abandoned does not mean that the name is in fact available for use.

Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.
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