Q: Can I claim an abandoned trademark for my business?

A: Assuming that the trademark is not still in use (which may be different than its official registration status), and assuming that there are no marks in use that are sufficiently similar so as to raise a likelihood of confusion, then you might be ok to take over an "abandoned" mark. But you definitely should have an experienced trademark attorney look at the actual mark and do a risk assessment before you do that.

Trademark and copyright are very different ideas. Trademark protects a business's rights to identify a source of goods or services. Copyright protects an author's or artist's rights to profit in a work they created.

A: If the trademark is abandoned on the USPTO and no longer in use you may have the opportunity to take over or register the trademark yourself with the USPTO. You should work with a trademark attorney for them to review if any similar marks already exist and why the prior mark was abandoned to see if it can be registered with the USPTO.

A: Presumably, you are talking about the USPTO's database of federally registered trademarks. Since the registration has been abandoned, you are free to file your own application for the trademark. However, if the original owner is still using the mark in commerce, they may still retain some "common law" rights in the mark (which are more limited rights that will vary depending on the specifics of the situation).

Before filing an application, you should conduct a search to see if there are any other registered trademarks that, even if not identical, may still be confusingly similar enough that they would block your registration.

A trademark protects the use of a name or logo in connection with a specified set of goods and/or services. Copyrights don't usually overlap with this. However, if the trademark is a logo that includes a sufficient amount of artistic expression, this art may also be protectible by copyright.

A qualified intellectual property attorney can help guide you through these issues based on the particular details of your case.

A: If a trademark has been marked as abandoned and no one else is using it in your industry, you’re generally free to apply for registration with the United States Patent and Trademark Office (USPTO) and begin using it for your business. You can’t “purchase” an abandoned trademark from the government, but you can claim it by being the first to use it in commerce and by filing a new application. Before you apply, it’s wise to do a thorough search to make sure no one else is using a confusingly similar name in the same field.

Trademarks and copyrights serve different purposes. A trademark protects your brand name, logo, or slogan as it’s used to identify your goods or services, helping prevent confusion among customers. Copyright, on the other hand, protects original creative works like artwork, written material, or designs—not business names or brand identities. So, for your streetwear line, a trademark would protect your brand name and logo, while copyright could protect any original designs or graphics you create for your merchandise.

Once you register the abandoned trademark and actively use it in your business, you gain legal rights to stop others from using a similar mark in your market. Just remember, registration isn’t automatic—you must prove that your use is legitimate and ongoing. Taking these steps will help protect your brand as you grow.