Can i apply for a trade mark that is showing abandoned

Greetings to Forum,

I'm looking to apply for a trademark registration for the name of my company (Wordmark). But while searching I found that this is already registered with application date in the year 1998 and status showing as abandoned.

So, my question is, as the status is showing abandoned can I apply for the same name? If yes what is the procedure?

Thanks in advance for your valuable feedback.

Best Regards,

Anup

Hi Anup,

There is no bar in law which restricts you from applying for registration of an abandoned mark, provided you are able to show honest and concurrent user. However, in case the original holder reapplies or is able to show cause that the mark was abandoned without any mistake on his part, he may have a better right than yours.

However, it is worth an attempt.

Regards,

Mohit

For registering a name of a company you should proceed under the Companies Act.If you are dealing in some goods /services then you mey proceed to register your trademark under the Trade Marks Acy.It is better to avoid using abandoned marks  as the original owner may  be still using the mark without renewing.He would still be having right under common law and he may oppose your mark.

T.R.Subramanian

ex Controller general of patents designs and trademarks.