What does it mean if a trademark is abandoned?

Question

Does it mean that it can be re-registered by someone else? What are reasons why someone would abandon a trademark?

Can't judge this, hence a vote is in order. Logically.

Answer 1

losing proposition

Answer 2

There's a number of reasons why a trademark becomes abandoned:

1) The USPTO sent the applicant an office action & the applicant failed to respond
2) The applicant failed to file a Section 8 Affidavit stating that the name was still in use
3) The applicant failed to file a Statement of Use stating that the mark was now being sold/offered across state lines

Those are the 3 most common reasons for abandonment. Under certain circumstances, the applicant may be able to revive the application. You can read more about that here: http://www.uspto.gov/teas/petinfo.htm and here: http://www.uspto.gov/teas/eTEASpageG.htm

Just because a mark is abandoned does not mean that the applicant is no longer in business; they may have common-law rights to the name. Check to see if they're still in business.

Even if they're not in business, it is strongly recommended that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

In order for a name or mark to be protected as a trademark, you have to use it. You can get a trademark by registering it with the Patent and Trademark Office. Or you can gain rights to a trademark simply by using it to the point that people associate the mark with your product. But either way, you have to use the trademark. In fact, the PTO requires you to show use of your mark before they'll complete your registration.

A trademark may become abandoned if you stop using it with and don't intend to start using it again. At that point, someone else can use the name or even try to register it.

Someone might abandon a trademark because they don't plan to use it any more--perhaps they've stopped making the particular product. In that case, if the trademark is registered with the PTO, they may not want to pay renewal fees any longer.

If you are looking at the PTO's website, you might find applications that are marked "abandoned." The trademark registration application process can easily take a year or more. During that time, filer might decide to abandon the application for any number of reasons. Maybe their business plans changed. Or perhaps someone with a similar trademark objected to the application.

Answer 4

A trademark can be abandoned voluntarily, if the holder no longer intends to use it, or it can be abandoned automatically if the holder does not renew it after a sufficient period of time of non-use.

Once abandoned (or terminated), the trademark is no longer counted when checking for conflicts with other similar (or identical) marks, at the federal level. However abandoning a trademark at the federal level does not eliminate common law use protections.

Answer 5

What Does Abandoned Mean

Answer 6

I think you are right, that somebody else can re register it. I think there was a famous toothpaste called Ipana a long time ago that basically just went out of business, but because the name had recognition value somebody else started using it. Also there was a diet aid called Ayds (and yes, pronounced "aids") so they had to go out of business when the disease of the same name came along but the name is there if somebody wants to use it.

Answer 7

Finnish spirits producer Finlandia still use the trademark "VODKA FROM ABOVE" in advertising even though it is classified as Abandoned.

Answer 8

They have no interest and they dont object to others using it, thats what causes abandonment

Answer 9

You have really got me there. What amazes me is that there are people working for the government who get paid for coming up with such content free phrases and terminology.

Answer 10

Its up for grabs! They may have gone out of business.