Re: Abandoned Trademark - Reproducing Product

Subject: Re: Re: Abandoned Trademark - Reproducing Product

Comments:
: : I wish to re-register a trademark that was abandoned by a small company that went out of business about the same time the trademark was granted. The company's product went through 3 revisions (upgrades to improve performance), and I wish to manufacture the last revision, as well as, create a 4th revision. I plan to trademark my own name for the 4th revision, however I would like to use the abandoned trademark for initial marketing and production of the 3rd revision. : : The original Company that had the rights to the trademark and patent (the patent has expired, I checked) sold the rights to the trademark and patent to another individual that intended to produce the product, but he had health issues and sold the rights to another individual. This individual has had the rights for more than 10 years, and has not produced anything, nor has any of the changes or sales been recorded at the US Patent office for either the patent or the trademark. : : The only hitch in the matter is the individual that currently owns the "rights". He is not interested in producing or using the rights for anything else than selling them for more than he paid. The maintainence fees were not paid, and none of the transactions were recorded, and the current owner has not advertised or produced a single thing, so in my opinion, he doesn't own rights to anything. Or do you think I am asking for a bucket of trouble? : Dear Mr. Rissell, : I wouldn't dare take professional responsibility for saying you are safe, though the law and facts (as you hsve set them forth here) suggest that you may be. : Have you ever thought of consulting a lawyer you could trust? E arly L egal A dvice I s N ot E xpensive(sm) : 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 : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(sm)

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