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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am in the process of registering a trademark and there are

Customer Question

I am in the process of registering a trademark and there are some legal questions that the USPTO have raised that I have unsuccessfully answered. I am thinking about hiring a lawyer. However, from a business sense I think I might have jumped the gun and might have applied for this too soon. I am now thinking about abandoning the application. Here's the question: If it is abandoned can I reapply later (knowing that I will need to start all over again later?)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well. I am a licensed IP attorney with over a dozen years of trademarking experience. It is a pleasure to assist you today. The answer is yes, technically speaking. The reason I say technically speaking is that if someone comes behind your application and files an application on the same name, then they would have priority. As long as that does not happen, you can reapply and lay claim to this name later with no issue at all. To that end, even if you had been awarded the name, and let it be abandoned, you could reapply and get the name or mark again later. Trademark works differently than patents in that regard. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my work. Best wishes!
Expert:  Delta-Lawyer replied 1 year ago.
Just checking in with you to see if you have any other questions or comments. I want you to be as comfortable a possible as you move forward. Thanks!