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. |