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Applying for the same Trademark twice



 
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Old June 5th, 2008 Jun 5, 2008 11:22:07 AM -   #1 (permalink)
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Default Applying for the same Trademark twice

I'm curious to know if you are allowed to trademark the same trademark twice. I have a friend who let his mark get abondoned by the USPTO. He recently sent in $100 to petition for his mark to be reinstated. I provided him this advice, and luckily he took it after having let his mark expire for about 8 months due to family issues and financial hardship. Anyhow, if his petition is rejected is he allowed to reaplly for a whole new trademark that is exactly like the one he had before?
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Old June 5th, 2008 Jun 5, 2008 11:47:24 AM -   #2 (permalink)
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Default Re: Applying for the same Trademark twice

This exerpt is from the help file under uspto.gov's trademark search pages:

Does abandoned or cancelled mean one can register that trademark? The USPTO cannot make any determination on a mark's registrability based upon the abandoned or cancelled status of a prior application or registration. Each case must be decided on its own merits at the time of examination. Abandoned applications may be revived and cancelled or expired registrations may be reinstated under certain circumstances. The status of an application or registration may not have any effect on the priority of rights in a mark as determined by a court of law. While an abandoned application or cancelled or expired registration may not form the basis of a refusal by the USPTO to register a subsequently filed application, third parties may assert rights in marks that were the subject of such abandoned applications or cancelled/expired registrations during opposition proceedings filed against the later-filed application.
 
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