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Trademark Search: dead or abondoned trademarks?

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Old February 6th, 2007 Feb 6, 2007 4:28:42 PM -   #1 (permalink)
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Default Trademark Search: dead or abondoned trademarks?

In searching for a trademark on the US Patent & Trademark Office (link under Resources to the left), I searched for a phrase I was interested in using and registering myself, but found an existing record of it. However, it states that it is "(ABANDONED)" and "DEAD" and lists an abandonment date of December 24, 1992. Does this mean I can register it? I don't have any experience with this and a lot of information on their website was over my "right-brained" head.

See below for the trademark search result.

Thanks,
Neil

Word Mark DO WHAT YOU LIKE Goods and Services (ABANDONED) IC 025. US 039. G & S: men, women's and children's clothing; namely, shirts, blouses, jackets, coats, pants, skirts, dresses, sweaters, T-shirts, sweatshirts, jeans, hats, scarves, gloves, socks, hosiery and footwear Mark Drawing Code (1) TYPED DRAWING Design Search Code
Serial Number 74162497 Filing Date May 1, 1991 Current Filing Basis 1B Original Filing Basis 1B Published for Opposition March 31, 1992 Owner (APPLICANT) Clark, Freddie Booker INDIVIDUAL UNITED STATES 350 Central Park West, Suite 12D New York NEW YORK 10025 Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator DEAD Abandonment Date December 24, 1992




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Old February 6th, 2007 Feb 6, 2007 5:27:06 PM -   #2 (permalink)
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Default Re: Trademark Search

It's possible that you can, but you probably want to talk to trademark expert to make sure before you pay the application fee.
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Old February 10th, 2007 Feb 10, 2007 5:08:53 PM -   #3 (permalink)
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Default Re: Trademark Search

Quote:
Originally Posted by Rodney
It's possible that you can, but you probably want to talk to trademark expert to make sure before you pay the application fee.
This is really important, I've seen many people pay attorneys a lot of money when they messed up their own Trademark issues/applications. An abandoned/dead status should mean that application is dead, however that mark owner may be able to challenge the USPTO & get their mark reinstated (another good reason to seek an expert).

Also, unless you are actually making money from this mark, or a pretty big company that people are watching in order to imitate (think iPhone), it may not be worth the few hundred to few thousand bucks to protect it in the USPTO. If you're not using the mark, the best you can get is an intent-to-use mark which is basically just a placeholder for you in the Trademark office and then when you start using it you have to amend your mark (more cash for the attorney).
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Old February 10th, 2007 Feb 10, 2007 6:35:39 PM -   #4 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

When I registered my trademark, I filled in the information on their site, paid the ($325.00 ?) non-refundable fee.

USPTO will assign a case lawyer to review your application for approval, denial, or for you to supply additional information/examples

I received a mail message from the lawyer who was assigned to the case. He was requesting physical product. The mark I was registering was a word mark. A word mark is used in a service, not necessarily a physical product.

I called the lawyer at the number listed (or, was it the email listed... either way). The lawyer called me on the phone number I supplied. We talked about the service for a few minutes, and he offered to alter my description to fit (If I sent an email allowing him to do that) I sent the email and had the trade mark in the next two months.
---
Is this typical? I don't know, I have only registered one trademark.

Here is how he reworded:

Installation of automation systems, specifically - structured wiring, audio, video, security, telecommunications and computer technology products. FIRST USE: 20030625. FIRST USE IN COMMERCE: 20030625

Notice it does not refer to a physical product, but the mark is fully registered and it would be difficult for anyone to register to use the mark in a home or business networking and technology field. (Note, I'm not saying it couldn't be registered again, just that it would be difficult)
 
Old February 11th, 2007 Feb 11, 2007 2:24:08 AM -   #5 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Quote:
Originally Posted by CoolTech
Is this typical? I don't know, I have only registered one trademark.
It depends a lot on who your examining attorney is. Another examining attorney might have just sent you an office action (basically a letter of rejection unless you make revisions to escape the statutory problems the examiner detailed in the letter). This is what I've seen come across attorney desks at which point the attorney ends up billing the client more than he otherwise would of, because often it becomes a rush job and the attorney has to fix something rather than planning out how to do it right the first time.

There are a couple of other reasons to get a trademark attorney: (a) the attorney can work with you to create the strongest mark possible (e.g. a "fanciful" mark is stronger than a "descriptive" mark); (b) attorney can tell you what you need to do to protect your mark; (c) attorney can tell you what you need to do to keep your mark alive (maintenance fees, fighting dillution, etc). There are probably other reasons that I haven't thought of :P

That being said (and I'm still recommending getting a lawyer), if you spend a good amount of time reading, you can pick up a lot of the basics. The two main books in trademark are:

McCarthy on Trademarks and Unfair Competition, 4th ed.
Gilson on Trademark Protection and Practice
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Old February 11th, 2007 Feb 11, 2007 3:50:25 AM -   #6 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

hey guys, im looking to trademark my logo within the next few months. i want to incorporate first so that the company own the rights to any copyrights, trademarks, etc. is it true that i would need to obtrain a trademark for the logo, and also another trademark for the name that the logo represent?
all this time i been complaining about the lawyer fees of obtaining one trademark, when i might have to double that.

please advice me, thanks
 
Old February 11th, 2007 Feb 11, 2007 9:24:39 AM -   #7 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Quote:
Originally Posted by apparel4sale
... Another examining attorney might have just sent you an office action (basically a letter of rejection unless you make revisions to escape the statutory problems the examiner detailed in the letter).
Yes, that is the letter I received. Called the examining attorney and the rest is in my other response
 
Old February 11th, 2007 Feb 11, 2007 9:39:50 AM -   #8 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Quote:
Originally Posted by Dave 2006
hey guys, im looking to trademark my logo within the next few months. i want to incorporate first so that the company own the rights to any copyrights, trademarks, etc. is it true that i would need to obtrain a trademark for the logo, and also another trademark for the name that the logo represent?
all this time i been complaining about the lawyer fees of obtaining one trademark, when i might have to double that.

please advice me, thanks
That all depends. I have never done a logo. But, if you "wordmark" your name, then anyone using the name would be in violation. (A wordmark is also a trademark, only for a word or phrase) Will you be using the logo in the exact same print each time, or will it morph into something else?

Example:
Take the T-Shirt Forums logo at the top left of this page...

If a wordmark is applied, no one could use the words "T-Shirt forums.com" in conjunction with the manner it is used here (That is where all the grey area comes, in most cases)

If a trademark is issued, no one could use the logo or mark on the same type of products for which the mark is registered. If it is trademarked for a t-shirt product, no one else can use the mark on that t-shirt product.

i.e. Campbell's Soup has a distinct label and no one else may use that label, it would be missleading. But, Campbell's Dairy Farm has it's own label and mark. Both use the name Campbell's, but their logo is distinct and registered.
===
I chose not to use the corporation to register my trademark. That way, If I ever close up shop or sell the corporation, I still own the trademark as an individual. I can license the trademark for use, I can sell it outright. But, it is NOT the property of the corporation.
===
If you still have a number of questions, then as apperal4sale suggested, you may want to at least consult with an trademark lawyer
 
Old January 7th, 2010 Jan 7, 2010 3:18:37 AM -   #9 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Pretty well said..!!!

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Old January 7th, 2010 Jan 7, 2010 9:00:45 AM -   #10 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Over the years, I have had a lot of experience dealing with federal agencies. The best place to start is with a phone call to the general number and ask for help in resolving your questions. I have done this with the Patent Office, DEA, Federal Trade Comission, OSHA, EPA and several others.

Give it a try, there are people waiting for the phone to ring and while some are jerks, most really want to help.
 
Old January 7th, 2010 Jan 7, 2010 1:14:43 PM -   #11 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

with trademarking, say there's only one abandoned trademark that's in a different industry (e.g. selling cosmetics) but i want my logo/brand name with clothing... how would this affect me?
 
Old January 7th, 2010 Jan 7, 2010 2:40:11 PM -   #12 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Quote:
Originally Posted by bychai
with trademarking, say there's only one abandoned trademark that's in a different industry (e.g. selling cosmetics) but i want my logo/brand name with clothing... how would this affect me?
Usually if the mark is registered for a different industry, it would not affect your ability to register it for your industry.

But there is always an element of risk. The existing company could oppose the registration of the mark if they think it may confuse the market into thinking the shirts are their product (ie consumers thinking the cosmetic company launched a line of shirts as opposed to the shirts being from a completely different company).

Since the existing mark is abandoned, I'd say you have a good chance, but it's always a good idea to consult an attorney if you have doubts.
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Old January 7th, 2010 Jan 7, 2010 3:55:27 PM -   #13 (permalink)
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Default Re: Trademark Search: dead or abondoned trademarks?

Trademarks across industries is an interesting problem. The best example is Apple. Everyone thinks of Apple Computer, not Apple Records which belonged to the Bettles. One would think that Computers and Record would not be in conflict, however, they signed a contract that clearly defined their individual sphere of influence. Then it happened, the iPod with the music download site. This resulted with Apple Records taking Apple Computer to court for violating their trademark.

Interesting
 






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