QUESTION

Can I claim/file for an abandoned trademark successfully?

Asked on Dec 25th, 2013 on Patents - California
More details to this question:
I almost paid the $325 filing fee on USPTO but I wanted to check the chances and availability of taking abandoned trademarks first. This particular trademark was abandoned in 2008 due to no Statement of Use filed.
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1 ANSWER

Patents Attorney serving McLean, VA at George H. Spencer
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Given the length of time since the registration was allowed to lapse, it may be safe to assume that the trademark is no longer in use. Furthermore, since the USPTO considers such an abandoned registration to be available for registration by another, you would be able to register the trademark for your own goods/services, assuming that no one else does so before you or is not using the same mark for similar goods/services even if they have not sought register the mark (someone who commenced use before you could seek to oppose your attempt to register the mark even if they have not registered it).
Answered on Dec 26th, 2013 at 3:11 PM

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