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?
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.
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