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Re: Expired Trademark... What would it take to obtain?


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Posted by M Arthur Auslander on August 08, 2002 at 02:58:15:

In Reply to: Expired Trademark... What would it take to obtain? posted by Quarterbore on August 08, 2002 at 01:21:29:

: I have just learned that the Trademark that covers my own last name is expired. I am interested in trying to obtain this trademark with the intent of possibly setting up a buisness and preventing some larger company from telling me that I can not use my own name.

: So, I have a few questions....

: 1. Can I obtain an otherwise expired Trademark?

: 2. To obtain a trademark, do I need to have a buisness already established?

: 3. I already own a my last name .net so I could place the trademark there if needed, would this be acceptable?

: 4. Just how much does it cost and would this be "TRADEMARK SQUATTING" just because I want to ensure that my family name is not controlled by a major company?

: 5. Can a TRADEMARK to be used by anyone with the family name... IE if my last name was DOE which it is not with the assumption that that is the reason I am considering getting my last name!

: DOE Hardware
: DOE Equipment
: DOE Manufacturing
: DOE College
: DOE Web Services
: DOE Realestate
: DOE.com

: Can someone point me into a general direction to know if this is possible, how would I do it, and how expensive will it be? I do not currently have a buisness but I have learned that one of my web domains may have trademark issues and I am working to find a way to protect the rest of my domains if possible.

: Thanks!

Dear Quarterbore,
1. Yes
2. No
3. Whaaaa?
4. Here's where you write a treatise.

The physical mechanics of filing an application are not complex. The law is, and not a paragraph full. The goverment filing fee alone of $300+ per application in a class can make it expensive.

This is not to discourage you but to start you in a perspective.

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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