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

Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?

I ran a search in TESS for a stage name that I would like to use and came across a DEAD (since 2007) trademark for it under the IC 009 category. They were using it for a "series of musical recordings..." which is what I would like to use it for.

I have found the contact information for the original trademark registrants. What would be the best way to go about asking for the rights to the mark? i.e. what (not) to include in email/letter, a template/example of what to say, etc.

Would it be better to get a Lawyer to do this for more 'credibility'?

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Trademarks Lawyer
  • Dallas, TX

A: You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is clear, you would need to have a trademark search conducted. A trademark attorney can provide a search.

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