abandonment of trademark

[johnnyhammer]

What is the name of your state? florida

I am interested in registering a federal trademark for a company i have just started. After searching on the internet and finding nothing, I searched the trademark electronic search system (tess) and found that the trademark has been abandoned and the former owner died in august 2002. what do I need to do to secure this trademark?

thanks---john

 

[ChicagoLawyer]

Sounds like you have taken a good first step. Looks as if your major hurdle has been extinguished with abandonment of the mark. However, A TESS search alone is not exhaustive and there may be other bars to registration of the mark, such as a common law use or other confusingly similar registrations.

If I were you, I would retain someone to perform an axhaustive TM search and opinion regarding registration of the mark. Then, if possible, file the TM application.



This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[johnnyhammer]

how much does an exhaustive trademark search usually cost?

---john

 

[ChicagoLawyer]

How much? Depends. Start looking around for an attorney that does it. that was the gist of my post. You can then at least window shop rates.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship.

 

[betla]

An exhaustive trademark search will be about $400. You will be given names that look/sound similar to your mark.