can I use the name for my own product or can I be sued because of the prior use/common use rights of the other company?
If so, why did they abandon the trademark in the first place?
2006-09-16 19:20:01 · 4 answers · asked by Ejsenstejn 2 in Politics & Government ➔ Law & Ethics
If you have to prove that the mark was truly abandoned and that you have been using it as a mark.
Was the trademark federally registered? If not, you should register it ASAP. Registration of a trademark constitutes prima facie evidence that you are the rightful owner of the trademark.
2006-09-17 05:11:54 · answer #1 · answered by Anonymous · 0⤊ 1⤋
There are two types of trademarks. Those federally registered (in the US), and those maintained through commer use, which includes state/local registration. Just because something is not (or is no longer) federally registered doesn't mean it's safe to use it.
Also, you need to distinguish between true abandonment and temporary non-use. They are not the same. If you can get a letter from the company saying that the mark has been abandoned, that would help. Otherwise, the area is very questionable.
Your best bet is to consult with an attorney, who can give you specific legal advice, and if you want contact the original mark holder.
2006-09-17 02:42:33 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
<>You would need to research if the trademark is truly abandoned through the applicable copyright and/or patent office. If it has really been abandoned, then it's all yours.
2006-09-17 02:31:30 · answer #3 · answered by druid 7 · 1⤊ 0⤋
There crazy
2006-09-20 06:58:47 · answer #4 · answered by Moupai 1 · 0⤊ 0⤋