Cleveland, OH asked in Copyright and Trademark for Ohio

Q: I plan on making a short run of action figures from the movie small soldiers, tm was cancelled in 08 is there any issues

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Trademarks Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Yes, there could be problems. There is no requirement to register a trademark. Many famous marks are unregistered, and still enjoy legal protection at both state and federal law. The registration of a mark might be cancelled or expire, and the owner of the mark can still assert rights in the mark. You should consult with trademark counsel to review the status of the mark and your intentions, to advise you of the risks.

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