Trademark Question

[centerpoint]

Is an Abandoned Trademark Valid?

I was doing some research on one of the names we own. The TM search of the name returned

"Abandoned: A petition to revive has been denied"
Status Date: September 20, 2001

I am reading this that while a Trademark Application was filed, the company did not follow the proper steps and the TM was marked abandoned. Their attempts to revive their application failed so the Trademark is invalid.

Am I close or totally off base?

 

[jberryhill]

"Is an Abandoned Trademark Valid? "

An "abandoned trademark"is not valid. However, it sounds as if you are looking at an abandoned application for federal registration. That is a question entirely separate from whether or not the company has maintained enforcible common law rights.

If you allow your vehicle registration to lapse, do you still own the car? Yes.

 

[centerpoint]

Mr. Berryhill,

Thank you for the information. I will have to agree that I may be looking at an application. As it doesn't seem as simple as it looks I will have our lawyer look at it

Thanks
Paul