If your client wants to register a trademark that has been abandoned or cancelled with the USPTO, 1. Can they file for the mark ? 2. How much protection do they have from prior owner ? What if the prior owner is still using the mark in commerce but have just let the registration lapse ?

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Posting as :
works at
You are currently posting as works at

If the prior owner is still using in commerce that likely going to be a huge red flag. TM rights derive from one’s use of the mark in commerce, not from whether they have a TM registration.

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Just to point out in case OP isn’t an IP lawyer, make sure to analyze whether the senior user of the mark is using it in the same goods and services as the client. Multiple people can use and register the same mark in different fields.

Yes of course, I assumed the good/services were identical or at the very least, legally related. But I shouldn’t have assumed!

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