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hello my name is Ruth Carter and I'm a licensed attorney in Arizona and this is your question of the day somebody asked me is it possible to buy an expired or dead trademark can I buy a dead trademark from the USPTO okay so if you go on the US Patent and Trademark Office trademark database you can look up every trademark that has ever been applied for some of these are listed as live which means that their application is pending or the applet or the trademark has been registered and some of the marks are listed as dead dead marks are ones that were either never registered or they were registered but then they weren't renewed so they no longer either they never had or they no longer have trademark protection under u.s. trademark law for registration they've made if the company's still using it they they'll still have at least common law rights on their mark so can you buy a dead mark from the USPTO no you don't buy trademarks from the US Patent and Trademark Office you would you could buy a trademark from the person or company that owns it if if they're willing to sell it if they start still using it a trademark that has not been used in commerce continuously for three years is considered abandoned under US law so at that point no one owns it so you would have to look at the totality of the circumstances to determine is this a trademark that is still owned by somebody or because if it is then you have to buy it if you want to use that same trademark on the same type of goods but if it's a trademark that no one's that no one's ever registered and no one's using it hasn't used for at least three years you may not need to buy it from anybody it just may be free for free for the using so these situations come down to the specific so please hire a lawyer to look into the status of the trademark that you want to use or acquire before you start using it because you may be setting yourself up for some pretty big legal issues so of course watching this video does not create an attorney-client relationship with any viewer this is merely legal information not legal advice if you need legal advice don't hire somebody but I hope this has been helpful hope it gives you a starting a starting point to do your own research and seek out legal counsel for your situation I put out new content every week so please subscribe to the channel and until then I will catch up with you later take care
Thanks for your comment Emilio Goecke, have a nice day.
- Alton Mcclenningham, Staff Member
ashle asks me on Quora can you buy a trademark that's no longer being used or has a dad status I'm on dream income the founder of trademark factory and here's my answer to this question now this really depends on what you mean by by a trademark if the question is about can you actually get somebody to sell you what used to be a registered trademark but now as a dad status because there's no longer used the answer is no because a dad trademark is really no longer active on the trademarks offices records so it's not something that can be assigned they won't let you do that if you mean can you register the trademark that's the same as a trademark that's marked as dead because it's only used then it's a totally different question the answer to that question is probably yes you can there are a few exceptions the first exception is if the trademark is dead but the owner of that trademark is still actively using it they just forgot to you know take notice of some formalities and renew it on time that could be a problem so you'd be able to file it you'd be able to get it approved but they'll probably be able to successfully oppose it and somewhat similarly even if they're not using it but the mark is so well known and they're so well known there are situations when a really well-known owner of a really well-known trademark that's currently dead could successfully oppose an application by somebody who wanted to get the similar brand even though they were no longer using it so in most cases yes you can get away with registering a trademark that's now marked as dead but you have to do your due diligence you have to do your research and confirm to yourself then it's not dead because of an oversight but there really no longer using the mark now I hope this answers Ashley's question and if you found this video interesting or useful subscribe now get notified whenever the next one goes live and if you've got a question that you've always wanted answered it has to do with branding or trademarks post it in the comments below and I'll answer it whenever I can and until then I'll see you in the next video
Thanks Tad your participation is very much appreciated
- Alton Mcclenningham
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I've studied computational statistics at Norwich University in Northfield and I am an expert in archaeology of religion and ritual. I usually feel discontent. My previous job was welfare eligibility workers and interviewers I held this position for 23 years, I love talking about proofreading and editing and geocaching. Huge fan of Bryson DeChambeau I practice sailing and collect bicycles.
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