Now in the process of renewing and extending (possible new trademark for other good and services under the same name) there is a trademark for the same name and the same goods and services I've been providing for 23 years. The new company is only 3-4 years old and is trying to do the same exact thing my company does. Can I takeover his trademark based on my history and same goods and services?
I'm not sure what you're renewing and extending. Abandonment is a very fact specific inquiry that's based on intent, so I don't know what you mean by "abandoned by mistake." That certainly sounds like you didn't have the intent to abandon the TM, but that raises questions about how this abandonment could happen, and what if anything the TM was used for until 2 years ago.
Another question is why you didn't take action against this competitor before now, if they've been competing with you for 3-4 years selling the same goods or services as our company using the same trademark.
You can't "takeover" someone's TM. You have to petition to cancel it, and that requires a lawyer, which it sounds like you need anyway to unravel your fact pattern.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
While I cannot give you legal advice is this forum, just go see a local trademark attorney. From your question, it appears you saying that your trademark registration lapsed by accident. I think you are using the wrong term when you say abandon. That generally means you stopped using the trademark with an intent not to resume. If you continued to use the trademark all along, you probably still have common law and other rights regardless of the status of your registration.
Go to a trademark attorney to get this sorted out.
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