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  1. #1
    Join Date
    Sep 2006
    Posts
    128

    Default Trademark Status

    My question involves business law in the state of: Florida
    The name I wanted to use for my new business came up in a search as a registered trademark in the US. I checked the status at the US Patent Office, etc. & the trademark status is "Dead" as of a couple of months ago. Can I use the name or is there some waiting period after the trademark expires? I read something about filing 2 years prior to the expiration would allow a 6 month period after the trademark expires to be able to renew it for an extra fee. What form or paperwork would the company have had to file 2 years ago to show their intent to renew?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trademark Status

    The lapse of a federally registered trademark does not, of itself, mean that there is no state trademark or common law trademark still in effect. Is the mark in use or not?

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