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Hi everybody. Trademark attorney Josh Gerben. And welcome to episode 10 of Ask a Trademark Attorney. Todays question is how do I claim an abandoned trademark? So, if youve gone on the USPTO website and you see a trademark is DEAD or ABANDONED, a lot of people think that they can then just go and file for the trademark and acquire it themselves. Unfortunately, its not so easy. A couple of things you really need to be aware of here. One. If the company that filed the trademark thats now dead or abandoned is still using that trademark to offer goods and services, they would have a common-law right in the trademark. So, if you try to file and get the registration or start using the trademark yourself, you could actually still be in violation of trademark rights they have and still get sued for trademark infringement. The second thing to be aware of is theres probably a reason that trademark is dead or abandoned. And one of the reasons could be that it was refused because its t
