Expert: Shannon Moore - 10/18/2008

Question
I want to start a clothing line, I found the perfect name for the clothing line and searched if its trademarked. The trademarks status is "abondened"..does that mean I can trademark the name and logo?

Answer
Dear Nav,

First, my apologies for the delay. I've been out of the office sick for a few days.

Not necessarily. Only comprehensive research will tell you if the name is truly available. Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.

Here are some links where you can do some preliminary checking. However, please be aware that this is merely scratching the surface of what's out there.

http://tess2.uspto.gov/bin/gate.exe?f=tess&state=tbmkb6.1.1  -- USPTO – Preliminary Search of Federal trademarks
http://www.statelocalgov.net/50states-secretary-state.cfm --Go to your state's Secretary of State page to see if they have a searchable database of business names
http://www.hoovers.com/free/
http://www.thomasnet.com – Must register (free) to search their database

As far as the abandoned mark, there are a few factors at play. Please send me the serial number and I'll take a closer look at the record for you.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
http://www.tmexpress.com