Buffalo, NY asked in Copyright, Intellectual Property and Trademark for New York

Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period

2 Lawyer Answers
Floyd Edwin Ivey
Floyd Edwin Ivey
Answered
  • Trademarks Lawyer
  • Kennewick, WA

A: The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: The mere fact the registration has expired does not mean you're free to use the mark. It can still be used in commerce by any rights-holder without the registration being current. A simple clearance search from an experienced TM attorney can help answer this question more fully, as a "likelihood of confusion" in trademark law is a heavily fact-intensive inquiry.

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