Discussion:
What is the name of your state? alabama
my daughter and a partner were doing business as the "abc" company. i dont know if they were incorporated. they purchased merchandise from new york and alabama merchants/vendors. they did business (and lived ) in alabama at flea markets and from home under a particular taxpayer ID number. they have not done business for about 3 years and stayed in business only about 1 year or less. i recently became aware of a new (?) magazine on the market with the exact same name. do they have any rights to this name or recourse? more precise dates can be made available if necessary.
thanks sooooooo much for any feedback or advice.
Answer:
"do they have any rights to this name or recourse?"
No. All trademarks -- even those that are registered with the U.S. Patent and Trademark Office -- are valid only so long as they are used in commerce. Once they stop being used, they become "abandoned" and then they become up for grabs.