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