Westerville, OH asked in Trademark for Ohio

Q: Are you able to make and sell your own Mad Libs book now that the trademark has passed into common use?

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Trademarks Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Trademarks do not pass into "common use" unless the owner has stopped using the trademark and abandoned it with no intent to resume. A trademark registration is not required to have rights in a trademark, and even if a registration expires, the trademark owner retains rights in the mark against infringers. Copyright can pass into the public domain upon expiration, but Mad Libs books are still being published and would still have valid copyrights. Use the Find a Lawyer tab to retain a local attorney who handles trademarks and copyrights who can advise you.

Kathryn Perales agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.