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sports team logo usage

Discussion:
What is the name of your state? IL
According to searches on the US Trademark Office website, several defunct sports team logos are considered "DEAD". If these trademarks have lapsed, or been abandoned, can I legally reproduce them on souvenir items? For example, the Chicago Cougars of the defunct World Hockey Association has been abandoned as of November 2005. Could I use this logo for items I want to produce bearing this logo?
Answer:
What is the name of your state? IL
According to searches on the US Trademark Office website, several defunct sports team logos are considered "DEAD". If these trademarks have lapsed, or been abandoned, can I legally reproduce them on souvenir items? For example, the Chicago Cougars of the defunct World Hockey Association has been abandoned as of November 2005. Could I use this logo for items I want to produce bearing this logo? Maybe. Just because the registration is dead doesn't mean that some entity isn't out there claiming a common-law trademark on the logos. Trademark rights arise through usage, not registration, so it's possible that someone still has rights to the logos. Probably your best bet is to try and do some extensive searching to see if anyone is selling these logo'd items, and try and determine if anyone still has the rights to the logos. You could also have an attorney assist you. If you can't find anyone who is actually using the logo (and selling logo'd products may not be sufficient use to establish trademark rights), then you would be free to reproduce and sell the logos.
BTW, are you a fan of the Tygers? I think I still have some Tygers cassette tapes, Spellbound, Silver and Gold...
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