If the owner of a mark has not used the mark for at least 3 years and doesn’t have an intent to resume use, then it likely has been legally abandoned and is essentially up for grabs to whoever uses it first.

Under the Lanham Act, 15 USC 1127, a…

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The USPTO Supplemental Register is essentially a secondary list for marks that still afford some protection, but do not meet the standards for the USPTO Principal Register. Descriptive marks and surnames often get put on the Supplemental Register as long as they still distinguish the goods and services in some…

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When you are considering new names for securing a trademark, you should always keep in mind three factors that significantly increase your chance of success: suggestive, arbitrary, or fanciful. Links here and here to a couple of articles that do a good job of explaining these concepts.

Suggestive Trademark Examples

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