Using an Abandoned Trademark

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Using an Abandoned Trademark

Posted by Michael Shimokaji | Dec 27, 2014 | 0 Comments

Question: I'm interested in getting a license or in this case renewing one to a abandoned trademark character. This character is not mine, but I did a trademark and copyright search and all the searches say it's abandoned. some instances where I search the name as it was originally spelled it doesn't even show up in the trademark and copyright search database. Such as when searching the first original film the character was in. Supposedly the movies to the character are now all public domain. I'm trying to figure out if this is true does that mean the character is and the Liecense can be used or renewed somehow.

Answer: If the trademark is legally abandoned, you do not need a license to use it.

However, whether a trademark has been abandoned is not an easy question to answer. Abandonment means that the owner has no intent to resume use of the trademark.

Even if a trademark registration or application has been abandoned, that does not mean that its use has been abandoned.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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