Can an abandonded trademark oppose my application?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

As an abandoned trademark is considered inactive, the probability of the trademark owner utilizing their rights is quite low. The abandoned trademark could be used as a basis for opposition, but the litigation itself would be more practically related to the use of the trademark and the possibility of the owner not being aware their trademark has been abandoned.

The simple answer would, in this case, be no, an abandoned trademark no longer has the legal rights of a registered trademark which might be used to raise an opposition with an Intellectual Property Office.

However, bear in mind that the exact definition of an abandoned trademark differs per jurisdiction and that a trademark that is considered 'abandoned' might still actually be in use - for example, if it's currently in the process of being renewed.

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