Buffalo, NY asked in Trademark for New York

Q: Can I utilize a trademark that is 7 years old that is inactive

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Maybe. You must consult with an attorney. The original owner may have rights to the brand.

Tim Akpinar and Daniel Michael Luisi agree with this answer

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • Trademarks Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: Mr. Garciaacosta is right. Trademark rights are created by use in commerce; registration only provides certain remedies such a suing for a preliminary injunction in federal court. You need to conduct a common law trademark search to ensure you will not be infringing a brand owner’s rights and subjecting yourself to a possibly expensive lawsuit.

Tim Akpinar agrees with this answer

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