Abandoned Trademark

[dkmk22]

Will I be safe from possible legal trouble if register one word name that had trademark on it in the past but now it clearly says it's abandoned?

Thanks in advance.

 

[vasilisgr]

If the trademark is indeed abandoned, you won't be facing any trouble.
Just be sure to perform the proper trademark check.

 

[WritersWrite]

While there are many trademark questions that can be answered with common sense or a basic understanding of the issue at hand, I think pursuing something related to an abandoned trademark is definitely something that should be done in consultation with an attorney.

Abandoned as a registered trademark may not mean that it is abandoned as a trademark in a larger sense.

Another red flag is that, in your original post, you did not present a case where you are pursuing this name for a use in a different class that does not infringe on the abandoned trademark, so it seems likely that you are pursuing that name based on the value of it as built by the original trademark holder. And, if true, that sounds like a major issue.

This is definitely one for a lawyer.

 

[Acroplex]

Abandoned trademarks are generally those that stayed 'dormant' in that state for a minimum of 3 years. However, some courts have supported cases where the tm holder showed they did not intend to abandon the mark, as sufficient proof of non-abandonment. Makes sense?

 

[dkmk22]

The trademark was abandoned back in 2002. I regged the domain and for now it's just sitting like that, without any indication of possible use.