Posted by M. Arthur Auslander on February 08, 1999 at 08:02:30:
In Reply to: US-Foreign Trademarks posted by trace on February 07, 1999 at 18:55:59:
: Should you do a search for a trademark in just the us, or should you do one in europe, if you plan on doing things there? I need to search a name, but I think there was at one time the same name, for the same type of business about 5 or 6 years ago. Is it wise to use this name if there is nolonger anyone using it now?
: thanks
: tknight
If you plan to use a name in the U.S. it should be searched in the U.S. unless you plan to use the mark all over the world. U.S. searching is not expensive. European searching comes down to searching every country even though there are multiple country registrations. The more countries the more it can cost, though it may be able to be done in one search.
If a name has been used and then abandoned there is a right to use it. If there are uncanceled registrations outstanding, even if they are abandoned, they may have to be canceled in order to get a registration. It can be expensive.
It would be easier to evaluate the facts than to speculate on the risks. Basically you can use an abandoned mark.
Searching is an art not a science. Even though it is not a certainty it is important to do to try to avoid future trouble. Getting out of trouble is much more expensive than being careful.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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