USPTO: " "DEAD" ABANDONED"

[Brokering.TV]

I found these for 2 names I own. They are pretty generic and commonly used in other domains I have seen. Just wanted to know if the trademark is marked abandoned and/or dead and the name is commonly used, am I in the clear??

 

[Gene]

Not necessarily. An item is considered trademarked as soon as the original owner creates it, even if it is not officially registered with the authorities.

 

[Brokering.TV]

Ok, but what if it has a very common use for this purpose. What is the best approach?? Try and see if I receive the C and D letter??

 

[Gene]

Ok, but what if it has a very common use for this purpose. What is the best approach?? Try and see if I receive the C and D letter??

The best approach is to stay away from it. Sorry, but such vague questions can only get you very vague answers.

 

[DNQuest.com]

Not necessarily. An item is considered trademarked as soon as the original owner creates it, even if it is not officially registered with the authorities.

Actually, a trademark date would be concidered when it was first used in commerce. The only way to be afforded protection from time of creation is to file "intent to use" with the USPTO. That is why you should always cover your bases and document any new ideas/products,services, names.

 

[Gene]

Actually, a trademark date would be concidered when it was first used in commerce. The only way to be afforded protection from time of creation is to file "intent to use" with the USPTO. That is why you should always cover your bases and document any new ideas/products,services, names.

Thanks for the clarification Philip. I thought protection was in place as soon as an item was created, similar to copyrights.

 

[DNQuest.com]

They are different. TMs are earned through usage in commerce. Even with an intent to use, you actually must use it before you can receive the registered mark.

 

[Brokering.TV]

So it can be "Dead" and "Cancelled" but still protected??

And inhibits others for use.

 

[Dave_Z]

The comment below should practically answer questions about trademark and
the USPTO:

http://www.namepros.com/legal-issues-and-disputes/405462-hypothetical-question.html#post2387326

 

[jberryhill]

So it can be "Dead" and "Cancelled" but still protected??

And inhibits others for use.

"Dead" can mean a couple of different things in combination with other data in the record.

Ditto "canceled".