Dead/Cancelled Trademarks?

[seanboy]

What is the law on regging a name of a cancelled trademark? What is the risk of regging a name that is the exact name of a trademark that has been cancelled for about 5 years? Please advise.

Thanks,

seanboy

 

[McDot]

Sorry, I don't quite understand.

If a Trademark has been deleted, it is nonexistant.
So who should claim a right on that trademark?

 

[Domagon]

The cancellation refers to the TM registration NOT the actual mark itself.

There are numerous instances in which a TM registration will be canceled / abandoned and yet the TM is still in commercial use by the mark holder.

And on a related note, it's sometimes possible for a TM registration to be "revived" after cancelation / abandonment. And furthermore, there's often nothing that precludes the mark holder from simply applying for the mark again; the date of first use is typically what counts, not when the mark was filed (some exceptions, such as intent-to-use filings).

In a nutshell, one should not assume it's safe until they are relatively sure the mark is no longer being used in commerce by the former mark holder and/or licensees.

Ron

 

[DNQuest.com]

Sorry, I don't quite understand.

If a Trademark has been deleted, it is nonexistant.
So who should claim a right on that trademark?

Read what Domagon wrote... it is very useful.

There is a difference between TM and registered mark. The registered mark application may have been cancelled, but the TM could still be active.