Q: Sold business, still own trademark, can I use it?
I registered a trademark (business name) in 2004. In 2007 I sold the business to a large company. I don't remember reassigning the TM. I was doing a TM research today and see I still own the trademark. Do I still have a right to use the name?
A: Well, that depends on the terms of your asset purchase agreement, including any provisions concerning IP and common law trademark rights. Additionally, you'll need to examine whether the other party has already started acquiring common law rights through use of that trademark and whether you have abandoned the mark or could claim excusable non-use. Feel free to call or email though if you're requiring any additional assistance.
1 user found this answer helpful
A: Since you have not used the trademark in commerce since 2007, you would likely be deemed to have abandoned the trademark. Also, the company that the business was sold to is likely using the trademark and has acquired rights. You should consult with an attorney to discuss this matter further.
1 user found this answer helpful
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