Re: Abandoned Trademark

Subject: Re: Re: Abandoned Trademark

Comments:
: : I am aware of a Trademark (Brand Name) that has been totally inactive for over three years. The trademark is registered for a number of different product categories and several different logos. The owner has formally abandoned approximately 20 of those marks, but maintains 8-10 others. : : Again, there has been “no use in commerce” of the name in over three years. I read the trademark law as that the owner has “abandoned” the mark because there has been no activity. In fact, all operations are closed and the owner has taken a huge charge for doing so. : : Am I correct in thinking the mark may have been “abandoned”? : : If so, how do I go about claiming the trademark and putting it back to work? : : Thanks. : Dear J.P. Wilkin, : The proper proceedure is to bring a petition to cancel. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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