Murfreesboro, TN asked in Intellectual Property and Trademark for Tennessee

Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005, which resulted in its cancellation. The name and image was a cartoon character in King Features (a part of Hearst), authored by Betty Saxe in 1965 to depict Betty Boop as a preschooler.

Although the trademark registration was cancelled, it is possible that BITSY BOOP is still used, and if so, a new application to register the mark might be opposed. One way to be certain would be to file an "intent to use" application and see if there is any opposition. You should consult a qualified trademark attorney to advise and assist in this.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: You should definitely consult with an attorney to help you understand your options.

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