Astoria, NY asked in Entertainment / Sports, Intellectual Property and Trademark for New York

Q: How would I successfully go about obtaining a stage name, that was filed/abandoned (is DEAD) 10+ years ago?

I ran a search in TESS for the stage name that I would like to use and came across a DEAD trademark under the IC 009 category. They were using it for a "series of musical recordings..." which is what I'd like to use it for, however it was filed in March 2006, and abandoned in April 2007. How can I obtain the name mark for my use?

2 Lawyer Answers
Donovan A Rodriques
Donovan A Rodriques
  • Entertainment & Sports Law Lawyer
  • New York, NY
  • Licensed in New York

A: You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the mark is not in use, you may use it.

Dr. Jamie Cuticchia and Barry E. Janay agree with this answer

1 user found this answer helpful

Barry E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Livingston, NJ
  • Licensed in New York

A: The other attorney answered the question very well, but I would add that the prior owner can also be contacted for consent / assignment which would give you far greater certainty as to your right to use and ownership of the mark.

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