Trademark questions

[ewoproductions]

What is the name of your state (only U.S. law)?
Florida

If someone's trademark is abandoned am I able to take over the name? Also is it possible for someone to trademark a general name such as pole fitness dance studio? If they are able to could i go behind them and copyright pole dance fitness studio?

 

[FlyingRon]

You can't copyright titles/names.

If the trademark is indeed no longer being used in commerce (and any registration has expired), you're free as anybody else to use it. One thing you need to be careful with is that even if there is no trademark in play, there may be an corporation still alive (they're harder to kill than just being inactive) with that name which may preclude you from establishing an entity in that name.

 

[ewoproductions]

so if pole FITNESS DANCE studio is trademarked, am i able to trademark pole DANCE FITNESS studio with my company name in the front?? Or are the names to close to each other.

 

[FlyingRon]

One can probably expect that there would be confusion created by such. No you can't use that trademark most likely.