Q: Hi I want to use a cancelled trademark (cancelled in 2006) to be a wine label for commerical purposes. Can I?
The trademark was a store chain in a different business sector. I want to use the graphic and use a play on words for the wine label. The idea is to play on nostalgia from the 1980s. Since the trademark is cancelled and I am not using it in the same sector of business and as well, am changing one word, am I legally permitted to do so? Thank you.
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A:
You can use a cancelled trademark from 2006 for your wine label, but there are important considerations to keep in mind. Since the trademark was in a different business sector and you plan to change one word, your use might not be seen as infringing. However, even cancelled trademarks can still be associated with their original owners, who might object to your use.
Nostalgia and the specific graphic can add complexity. If the original owners still hold goodwill or reputation connected to that mark, they might challenge your use on grounds of confusion or dilution. Additionally, if your adaptation is too similar, it might still cause issues.
To mitigate risks, you should thoroughly research if the original owners are still active in any related markets. Consider consulting with a legal professional who can provide specific advice tailored to your situation. It's always better to be cautious and ensure that your creative idea doesn't inadvertently lead to legal troubles.
Sean Goodwin agrees with this answer
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