Forums: Discussions for entrepreneurs and small business.

Hi, I did a search on my trademark and found that it had been abandoned by another company and is no longer pending. Am I free to now trademark the name. ??

Thanks

Not necessarily.  Just because a trademark registration has been abandoned at the federal level does not mean the the mark is potentially still being used, and protected by common law trademark rights


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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

Thanks Pepper,  Aw, a Jersey boy, I am originallly from Cherry Hill. If you don`t mind sharing your knowledge again, should I just go ahead and apply for the trademark. Would they have the right to charge me to use it. I also have been using it for 2 years. It`s only now, since I need to manufacture in Hong Kong, that I want to trademark it first.

Judy

Small world!   I`m originally from Cherry Hill myself - Cherry Hill East grad.

I`d highly recommend conducting a comprehensive trademark search (and more preferably, asking a trademark attorney to assist you) before you apply.  I`d need more information about your particular situation to give you any further thoughts.




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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

Hello Pepper, That is a small world. Both my daughters graduated from East. 82 and 84 and my grandson goes there now. Now you know I am an old broad! LOL  I am just getting my feet wet with this overseas manufacturing as I don`t want to get stuck with 20,000 items. I wish I could hire you to get this trademark, patent thing done for me but I am a bit "out of pocket" right now as business is slow in my other field. I make custom bedding for yachts. I know I have a great product but need to get all my ducks in a row with as little outlay as possible. Thanks for your input and I know you are right.

Regards, Judy