Discussion:
connecticut,
Just wondering: I have noticed that a particular large company logo is no longer used (uspto.gov says it is "dead"). Can i simply "take over" this trademark and use it as my own to re-produce the decals (it is a boat company). Do they still have rights to the design? It has been expired since may of 2001. thanks alot!
Brandon
Answer:
connecticut,
Just wondering: I have noticed that a particular large company logo is no longer used (uspto.gov says it is "dead"). Can i simply "take over" this trademark and use it as my own to re-produce the decals (it is a boat company). Do they still have rights to the design? It has been expired since may of 2001. thanks alot!
Brandon A registered trademark being listed as "dead" does not mean that the company who used the mark doesn't still have rights to the mark -- it just means that the registered mark is dead, and if they want to enforce the mark in the future, they have to do it as a "common law" trademark.
Is the company still in business? If they are, you might want to simply ask them if it is okay to use their logo -- if it's not a current logo, they may very well license your use of the logo, maybe even for free. If they are not still in business, then the logo may indeed be dead, and it may be fair game for anyone to use.