While searching the United States Patent and Trademark Office’s Trademark Electronic Search System (TESS) I noticed that a major corporation has ‘abandoned’ a former trademark. Yet, when I go shopping, I still see this company’s product with a TM symbol on it.
Can I register the TM under the same category and try to sell it back to them (for a small amount?) 
Thanks,
Atwest
Not even close. To register a trademark you have to actually use or intend to use the mark in commerce, and your proposed registration can be challenged if another company is already using the trademark. Moreover, applying for a trademark doesn’t mean that you will receive it, and the examiner will reject your application if he or she thinks you are trying to trade on a widely-known mark. Non-registered trademarks are also protected under state and federal law. Further, it is likely that the abandoned mark is one particular version or graphic form of the mark, and the company has other forms of the mark that it has registered and/or uses in commerce – and even if it isn’t, the abandoned mark will come up on the examiner’s search and be relevant to show what you’re trying to do.
Even if you can register the mark, just registering a mark doesn’t protect you the way, say, registering a domain name does. If you’ve registered a mark, you have to sue the alleged infringer to get damages, and the chance you could recover in this situation is minimal.
However, if you want to go for it, feel free to spend the $325 to try. The Treasury could use the money.
Thanks for your reply… there goes my beer money for the weekend! :eek: