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[Cheaperi]

I am the exclusive distrubutor in the U.S. for a successfull new extreme sports product and my old supplier went bankrupt. Now another company started producing the same product and is using the same name. They have raised the price of the product and I am now taking steps into producing my own product but I want to use the same name as I have built this product brand here is the U.S.. Now I have did some research and found that the Trademark was under the old company's name that went bankrupt, and the Trademark is now abandoned. My question is can I register this Trademark and start producing my own product?  I import these products from South Korea.  As for the patent, I also hold the exclusive right here in the U.S. from the patent owner. He has given me the right to produce my own product as well. Any help would be appreciated thank you & best regards!

[JSonnabend]

The question you ask unfortunately has not clear cut answers.  Indeed, I recently was involved with a discussion amongst seasoned TM attorneys who couldn't agree on how to best advise a client in a similar situation to yours.

I would advise speaking to a TM attorney (like myself or others here) to quickly map-out a strategy for protecting whatever good will you may have directly or indirectly in the mark.  There are one or more important steps you could take to protect yourself, but they should be taken at the earliest possible time.

- Jeff

[Webmaster Tiaracondo]

Hi JSonnabend.

I have a similar question, but I hope this one has a more clear cut answer.

1. A company started the application process to get a trademark on a word name but abandoned the process 5 years ago, i.e. did not even follow up to the original application. They did not do anything else with that name. Can someone else go ahead and register that word (it was not registered at all) as their trademark? Thanks.

WT

[Isaac]

Your question (and I may be nitpicking your words as opposed
to your meaning) suggests a couple of things.

First, when you ask whether you can register a trademark
rather than whether it is okay to use a trademark, I wonder
if you understand that trademark rights arise through usage
rather than through registration.  In any event, a dead
registration is in itself no obstacle to your registration.

Second, I think it might be important to see if the initial
applicant abandoned the application because of an office action
suggesting that the mark could not be successfully registered.
Even a negative answer is not necessarily relevant to your
particular situation, but it is something to consider.

I don't think your question can be answered without knowing
the specific facts associated with your mark and your intended
use of the mark.