Q: Hi I am in California and I am trying to get a trademark. I heard it's been dead since 2012, what do I do?
I've done some research and I heard it's bad to obtain another trademark you may collect some of their "baggage". What do you advise?
A: You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the trademark you wish to use may be in a completely different class of goods or services which may make it less likely that a consumer will confuse or relate the two.
A: Well, that really all depends on the relatedness of goods/services and whether the other mark has truly been abandoned or whether the owner is still maintaining common law rights through continued use. If not, your business may be gaining a valuable asset that has already developed goodwill in the minds of consumers. Conducting a thorough TM search with legal analysis/opinion is the recommended first step. Please call or email if you need any further assistance.
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