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JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 33424
Experience:  18 years experience
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I have a question on trademark names. I'm starting a new

Customer Question

Hi, I have a question on trademark names. I'm starting a new business in the state of wa and I have the same name as a business in ca. They contacted me to say they have a trademark, but when I looked them up the filing is marked DEAD. When i called the USPTO office they confirmed since its dead, I'm welcome to apply. Do you know if I apply for a trademark what the likelihood of me getting my federal trademark is? I'm not sure if they look at past applicants and look at how long they have been in business etc? Just not sure if its easier to change my name although I really don't want to. Thanks!
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If it is dead then your chances should be pretty good since they have already done the research to see if it was in use before the trademark and found it wasn't and that it was an appropriate name for trademark.

You will still have to file the application correctly, etc. but your chances should be better than normal since all of this has already been done.

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