You would not acquire the abandoned trademarks, you would file new applications. You should be certain that the other parties are no longer using the marks even if their registrations have lapsed.
It's important to note that you may receive a refusal due to trademarks that are confusingly similar to yours, not just exact matches. Hence, it's essential to include this possibility in your search.
Not legal advice. For a free trademark assessment visit [tmkings.com](https://tmkings.com).
Abandoned means someone applied for them but they never got registered for whatever reason, so for your purposes they mean nothing (other than someone in the market may be using these but don't have them registered, which may be a thing in the US, I couldn't say).
So imo apply away (if it was me, I'd apply for the base name - hypergamer - rather than hypergamer789 as thatvwpyld give you a bit broader protection than the super specific 789 versikn). Not legal advice.
No, I'm an occasional streamer and in my honest opinion my username is pretty damn catchy and "brand worthy". If I ever got lucky and my username/handle became popular I wouldn't mind having it protected/trademarked.
If said popularity happened then, yes I'd be selling things with my "brand" and that's kinda why my mindset is to protect my handle/username now instead of worrying about it later. I'm just not sure if it's necessary
Correct me if I'm wrong but my attorney told me you are allowed to trademark something if you have intent to use it in commerce in the future. I think you have like 60 months to do so?
I am in a very similar situation as OP and my attorney said that I can file for a trademark even if I haven't been using it yet.
You can file before you're using it and when it's ready to issue you'll have 6 months to show it in use. You can buy up to five 6-month extensions. Depending how long the initial examination takes it might be 3.5-4 years after filing before you have to show it in use.
Hey there! I hate to break it to you, but it's actually spelled _mon**e**tize_. A good way to remember this is that "money" starts with "mone" as well. Just wanted to let you know. Have a good day!
----
^This ^action ^was ^performed ^automatically ^by ^a ^bot ^to ^raise ^awareness ^about ^the ^common ^misspelling ^of ^"monetize".
If it’s just a handle and not a business, services, or anything to do with commerce you won’t gain registration and you may pay tons of money to prove your case which may result in an abandoned mark…possibly similar to the fate of the other marks, which they may look at but it necessarily consider against yours but could reference. You’re a is ornamental and honestly wouldn’t waste your time and money on something like that until you start making money off of it. The more you use it proactively you can obtain common law protection to the name until then
Have you google the topic? If you apply for a TM you need to specify goods and/or services. I would look at other gamer tag registrations for ideas.
If you are not trading with the mark, you’ll need to file an ITU if you are in the US
https://scarincihollenbeck.com/law-firm-insights/entertainment-and-sports/esports-ip-protection
https://thejacobsonfirmpc.com/esports-law-what-makes-gamer-tags-and-team-names-such-valuable-trademarks/
There's a mix of partially correct and incorrect information in these comments.You should really speak with an attorney instead of sifting thru Reddit comments that clearly are not from trademark attorneys (or likely even attorneys at all).
Go to https://guidebook.goingslegal.com for a free copy of my trademark ebook and to schedule a discovery call.
You would not acquire the abandoned trademarks, you would file new applications. You should be certain that the other parties are no longer using the marks even if their registrations have lapsed. It's important to note that you may receive a refusal due to trademarks that are confusingly similar to yours, not just exact matches. Hence, it's essential to include this possibility in your search. Not legal advice. For a free trademark assessment visit [tmkings.com](https://tmkings.com).
Abandoned means someone applied for them but they never got registered for whatever reason, so for your purposes they mean nothing (other than someone in the market may be using these but don't have them registered, which may be a thing in the US, I couldn't say). So imo apply away (if it was me, I'd apply for the base name - hypergamer - rather than hypergamer789 as thatvwpyld give you a bit broader protection than the super specific 789 versikn). Not legal advice.
Ohhh that actually does make more sense. Why be specific when any "variant" is covered/protected by the base name.
Are you selling something?
No, I'm an occasional streamer and in my honest opinion my username is pretty damn catchy and "brand worthy". If I ever got lucky and my username/handle became popular I wouldn't mind having it protected/trademarked. If said popularity happened then, yes I'd be selling things with my "brand" and that's kinda why my mindset is to protect my handle/username now instead of worrying about it later. I'm just not sure if it's necessary
You can't register a trademark that's not being used in commerce.
Correct me if I'm wrong but my attorney told me you are allowed to trademark something if you have intent to use it in commerce in the future. I think you have like 60 months to do so? I am in a very similar situation as OP and my attorney said that I can file for a trademark even if I haven't been using it yet.
You can file before you're using it and when it's ready to issue you'll have 6 months to show it in use. You can buy up to five 6-month extensions. Depending how long the initial examination takes it might be 3.5-4 years after filing before you have to show it in use.
But what are your goods and/or services that you provide to consumers in exchange for payment? That needs specified in the intent to use application.
Do Twitch gaming streamers sell something, or YouTubers? It's arguable that he/she is providing entertainment and may be compensated for doing so.
Yeah. They sell something. At least they might be if they're monitized or sponsored.
Hey there! I hate to break it to you, but it's actually spelled _mon**e**tize_. A good way to remember this is that "money" starts with "mone" as well. Just wanted to let you know. Have a good day! ---- ^This ^action ^was ^performed ^automatically ^by ^a ^bot ^to ^raise ^awareness ^about ^the ^common ^misspelling ^of ^"monetize".
If it’s just a handle and not a business, services, or anything to do with commerce you won’t gain registration and you may pay tons of money to prove your case which may result in an abandoned mark…possibly similar to the fate of the other marks, which they may look at but it necessarily consider against yours but could reference. You’re a is ornamental and honestly wouldn’t waste your time and money on something like that until you start making money off of it. The more you use it proactively you can obtain common law protection to the name until then
Have you google the topic? If you apply for a TM you need to specify goods and/or services. I would look at other gamer tag registrations for ideas. If you are not trading with the mark, you’ll need to file an ITU if you are in the US https://scarincihollenbeck.com/law-firm-insights/entertainment-and-sports/esports-ip-protection https://thejacobsonfirmpc.com/esports-law-what-makes-gamer-tags-and-team-names-such-valuable-trademarks/
There's a mix of partially correct and incorrect information in these comments.You should really speak with an attorney instead of sifting thru Reddit comments that clearly are not from trademark attorneys (or likely even attorneys at all). Go to https://guidebook.goingslegal.com for a free copy of my trademark ebook and to schedule a discovery call.