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I did a Trademark serach on a potential domain name (was a product years ago) and it was not renewed and declared "Dead by the USPTO. Can I safely register and develop this name, and trade on it "association" with the original product name? Thank you in advance for your thoughts. Generic Terms (2) but in a unique category...

Comments (8)

If the trademark is dead then yes there is no reason at all why you cannot register it...

Comment #1

There is a famous saying around here...

If I didn't renew my dogs license, is it no longer a dog?.

Just because they did not renew their license, they could still have a claim for "common law" tm. Is the product still marketed? Generic in terms of actual word or in terms of TM law? (there is a huge difference). Windows is generic in nature, but Windows in the software field is a strong TM. We aswered at the same time, but this statement is wrong...

Comment #2

OK I am making a mistake by even just posting this but, I regged it anyway. (edited: PM me if you are interested).

Was thinking about developing a vintage game forum or something. Am I out of mind? Thanks..

Comment #3

Lonely Designs- I'm not usually one to take issue with someone else's post but- Members come to this forum to get real help in making important decisions that could potentially have a big effect on their lives. Why would you offer this response when it is so blatantly wrong? We need to be able to trust the advice that is posted here. I, for one would appreciate if you would check your facts before offering advice.

Thank you.

Mr. Spartan- DNQuest is a reliable source..


Comment #4

Being "Dead" on the site does not mean you have free reign to use the term/phrase/symbol however you want - especially if the original applicant still uses the mark, simply unregistered..


Comment #5

Afaik, WIPO doesn't look kindly upon TM owners who let their trademarks or TM domains expire. Probably the courts too. Since what would the point of renewing any trademark if you could simply justify the trademark rights by showing it was once owned by you (but let it expired... which in my mind is a deliberate act relinquishing those rights)...

Comment #6

Quite honestly, I have always thought the same thing. Let the registration expire and if you can show current usage along the same lines as when it was registered, why would your rights be any less? The government won't like it because they lose out on revenue. But it does open up abandonment issues, which the domain owner would have to prove sicne the the TM owner could still prove common law TM. But in UDRPs, they establish rights or greater rights to a name and I feel the bar is set low where the panel rules "xxxxxx is concidered a trademark for the sake of these proceedings" (or how ever they put it, a lil tired this morning).

Now, it would be interesting if the government ever says "expiration of your registration would relinquish you of your trademark rights and said registered mark will be concidered abandoned". I can see the domainers boning up on trademarks and searching for all upcoming TMs soo to expire. Hmmm, wonder is is taken?..

Comment #7

Careful. I know a domain company that is agressively protecting their trademark!!.

Thanks for all the advice guys. I think I am going to develop it as an affiliate site to take advantage of the search traffic (not many uniques but quite a few impressions) The domain is (the old football game) so check it out in a few weeks and let me know what you think.

My thoughts are that it might even have some value outside the "Parlor Game" realm to highlight NFL/Soccer kickers or some other group. I am repping you all. Thanks...

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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