Recently Asked Questions - Expired Trademarks

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Trademark Status Question

Trademark Status Question

In Expired Trademarks    -  updated on 3/10/2010
If the status of a certain trademark name is ABANDONED-FAILURE TO RESPOND OR LATE RESPONSE, then does that mean the name is available again to be registered for trademark?
DEAD Trademarks; Reuse?

DEAD Trademarks; Reuse?

In Expired Trademarks    -  updated on 11/11/2009
Hello.  I want to reuse a Dead trademark that is not in use today; cancelled in 2002.  I have seen variations of the word for the same product, but no TM, nor is that the same company the origional TM was recorded under. Do I go about registering a new trademark?
How to prove that mark is not being used?

How to prove that mark is not being used?

In Expired Trademarks    -  updated on 11/11/2009
I apologize if this topic has been covered!  I tried to register my trademark in 2005 ( I had used the name in commerce a year before attempting to register).  I was notified that another company had a similar name in the same industry (likelihood of confusion) and my application was rejected. The owner of the other trademark had hers registered June 2006.  She contacted me and offered to sell me the trademark because she was "tired" of this business and may be sellin...
Revival

Revival

In Expired Trademarks    -  updated on 11/11/2009
I searched around the forum and could not find an answer.  For the statement under 2.66, must it be something that indicates the abandonment was unintentional or must specific facts be alleged and signed by the client? 

As a side note, while everything is electronic, I would image the attorney submit the dec to the client for signature, and not provide his/her signature as to the declaration in case such facts come up in litigation and are not true....

Regards...
Notice to Cancel for Abandoned Mark?

Notice to Cancel for Abandoned Mark?

In Expired Trademarks    -  updated on 11/11/2009
I started working on a new technology in 2001.  A friend suggested a really good name for it but I found out on TESS that it was already taken for my category of trade.  However I tried to find an example of the name used in commerce and found none. It puzzled me.  I kept checking back as I developed the technology.

Well, sometimes it takes a long time to develop new technologies and now 7 years and 2 patents later, I am fully in the middle of licensing negotiations....
Expired trademark

Expired trademark

In Expired Trademarks    -  updated on 11/11/2009
I am a retailer of a product and have been approached by the manufacturer to purchase their company.

The company manufactures one product. The product was patented in 1968 and has long expired. The product was trademarked in 1964 but expired in 1984.

I am only interested in purchasing the rights to the product and none of the companies aging equipment. They do not have a large customer base or large annual sales since the company has gone downhill after the original owne...
Can I reproduce and TM character

Can I reproduce and TM character's name in Public Domain?

In Expired Trademarks    -  updated on 11/11/2009
Hello.

I read an old children's book from 1921 whose main characters were humanized fruits.  These anthropomorphic characters had names and were illustrated throughout the book.  One was named "Shy-lo".  Also, in 1921, the author produced and sold "Shy-lo" dolls to accompany the books.  In 1922 she registered a copyright for the doll's design and she registered a trademark for the doll's name "Shy-lo."

The ...
Registered Trademark Help

Registered Trademark Help

In Expired Trademarks    -  updated on 11/11/2009
Hello,

I am wanting to use the name "voom" for my company and domain name. Although, http://www.voom.tv/ uses this name, there is no mention of the name being a "registered trademark" in the copyright disclaimer, neither is there a TM or R logo next to the name, also in their disclaimer they refer to themselves as VOOMHD and not VOOM. The copyright statment at the bottom of the page is dated 2006.

Anot...
Dead marks - Abandoned vs. Cancelled and a few other issues

Dead marks - Abandoned vs. Cancelled and a few other issues

In Expired Trademarks    -  updated on 11/11/2009
I have a small screen-printing business that specializes in creating and reproducing old and
nostalgic designs from various sports.  One of these is skateboarding and I have some designs based
on long gone and demolished skateparks.   

I have searched the TESS site and found the trademarks are dead.  Some are cancelled and some are
abandoned.  All the parks were built in the around 1978 and closed in 1981, and bulldozed around
1982.&nbs...
Superhero name trademarks

Superhero name trademarks

In Expired Trademarks    -  updated on 11/11/2009
I was wondering if I would be able to trademark a super hero name that is not being used anymore and the trademark has expired.

For example, say "Superman" did not have a trademark anymore, would I be able to trademark the name?

Also, would there be infringement if the spelling was different from a trademarked name, ie spydrman vs. spider-man?

Thanks.