Q: I'm looking at the Soul Train trademark details. Is it possible to TM that name now? Cancellation is pending.
I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.
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A:
To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law and typical procedures:
1. Pending Cancellation: If a cancellation proceeding is pending for the "Soul Train" trademark, it means the trademark's validity is being challenged. The outcome of this proceeding will determine the trademark's future status.
2. Current Protection: Even with a cancellation pending, the trademark is likely still protected until a final decision is made. Using the name without permission could be risky.
3. Potential Availability: If the cancellation is successful, the trademark might become available for registration. However, there might be a waiting period or other procedures to follow.
4. Boundaries of Use: The boundaries would depend on the specific goods and services covered by the existing trademark registration. "Soul Train" is likely protected for entertainment-related services and products.
5. Sale of Trademark: If the current owner is willing to sell, it might be possible to purchase the trademark rights. This would typically involve a trademark assignment agreement.
6. Due Diligence: Before pursuing use or purchase of this trademark, it's crucial to:
- Check the current status with the USPTO
- Research any ongoing legal proceedings
- Consider the strength and recognition of the "Soul Train" brand
7. Legal Advice: Given the complexities involved, especially with a pending cancellation, it's highly advisable to consult with a trademark attorney for personalized advice.
Remember that trademark law can be complex, and the situation may have changed since the question was asked. For the most up-to-date and accurate information, you should check the USPTO database and consult with a trademark attorney.
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