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I picked up an old domain on a drop that is a quantity measurement of liquid that is a popular number associated with an alcohol bottle. I've had it for several years, made it a funny blog but now i'm deciding to use the brandibility of the name but someone has an abandoned trademark on the name itself for clothing. The status is:.

Live/Dead Indicator DEAD.

Abandonment Date April 21, 1999.

Should I have to worry about this? I've been told just because it's dead doesn't mean it really is.

I'd love to hear some suggestions or previous experience.

Thanks in advance!..

Comments (8)

As long as you dont use it for to sell or advertise clothing, you should be fine. Thats assuming they still even have rights to the name...

Comment #1

I wouldn't worry about an abandoned TM from 1999. The owner probably didn't use it any more, so they didn't file papers to keep it active. Even so, it would only apply to the category of the filing...

Comment #2

Got that advise as well. I suppose I should apply for the TM and see if I can gain active rights to it...

Comment #3

I would avoid such unless I have the formal copyright proofs in my hand...

Comment #4

I thought this was it, but the dates are different so no harm in posting and using it as an analogy:.

Word Mark 40 OUNCE.

Goods and Services (ABANDONED) IC 025. US 022 039. G & S: clothing, namely, caps, T-shirts, shorts, trousers, sweatshirts, sneakers, polo shirts, skirts.

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS.

Design Search Code 15.07.01 - Cog wheels; Gears.

26.01.07 - Circles with a decorative border, including scalloped, ruffled and zig-zag edges.

Serial Number 75203120.

Filing Date November 25, 1996.

Current Filing Basis 1B.

Original Filing Basis 1B.

Published for Opposition September 23, 1997.

Owner (APPLICANT) Diamandis, Peter G., Jr. INDIVIDUAL UNITED STATES 2540 Chadwick Street Salt Lake City UTAH 84106.

Description of Mark The lining is a feature of the mark and does not indicate color..

Type of Mark TRADEMARK.

Register PRINCIPAL.

Live/Dead Indicator DEAD.

Abandonment Date June 17, 1998.

Google is better, again, than USPTO when the term may appear to be generic: http://www.google.com/search?q=40+ou...ient=firefox-a.

And don't completely ignore USPTO registrations that a) say "Dead" as it could be the filer decided that the money wasn't worth it but still protects common law TM rights and b) aren't exact matches for your term (For example, the other two listings could have caused issues if you had planned on competing in their respective niches.).

Best of luck.

-Allan..

Comment #5

Don't sweat it ... develop your website further; market products, etc.

I assume your blog is called 40 Ounce ... if so, that alone could be potentially be considered "use in commerce"; that's good for you ... their TM application was an ITU (intent to use), but they didn't follow-up with a use statement and thus their application was abandoned...

On a related note, it's sometimes possible for an application listed as "Dead" to be "revived", but due to the long amount of time that's past, and that it was an ITU, it's unlikely they could ever revive it - they would have to apply again with the new ITU application date becoming the first date of use.

That doesn't mean their mark isn't enforceable as a common law mark, but they would have a much higher burden to meet to have any chance of prevailing in any legal challenge.

So again, in my layman's opinion based on years of experience in the business, don't sweat it ... move ahead and further utilize the name - it's cool.

Ron..

Comment #6

I wouldn't worry just don't tread in their direction (even though it's dead) and you should be fine.

Skinny..

Comment #7

Thanks for all the advise, I think i'll go ahead and proceed with the development as planned and apply for the trademark and see what happens. Thanks again for all the words of wisdom..

Comment #8


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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