Can I get trademark name if mark was abandoned(dead). Will i qualify?

Question

2. Can i get the same trademark that it is already in use if my product has nothing to do with theirs

Thank you

Answer 1

Your terminology is imprecise, which may have led to the two incorrect and/or imprecise answers above - however:

1. Whether you will qualify for a trademark depends on a number of factors having nothing to do with any previous registration.

2. A previously abandoned mark usually may be registered in what is known as a different "international class" if the new registration would not cause confusion as to the origin of the product(s) covered by the mark.

3. Use of a currently registered mark on a different product most likely will cause confusion in the marketplace as to the origin of products, and almost certainly would result in rejection of an application by the examiners at the U.S. Patent & Trademark Office.

Answer 2

If the product is entirely different (not the same category) and you can show that the current holder is not likely to expand into your area, then yes.

If the mark is dead (abandoned) then it's also up for grabs.

Answer 3

1. Yes
2. You can - but you will probably be sued for trademark infringement.

This is the website for the US Patent and Trademark Office:
http://www.uspto.gov/main/trademarks.htm