Re: can I register a dead trademark?

Subject: Re: Re: can I register a dead trademark?

Comments:
: : Hi: : : I want to start a restaurant by the name "Porky's", so I want to register this name as a trademark at USPTO. : : It shows two trademarks registered at USPTO by the : : name PORKY'S, one is dead and the other is live- in shoe industry. : : is it possible for me to re-register the dead one?... : : what would you suggest me to do? : : Thanks : : -Modiyil : Dear Modiyil, : I am just a law student, so I do not intend what I say to be legally binding in any way. Disclaimer aside, here is my adivce. : It seems to me that trying to obtain PORKY'S as a trademark for your restaraunt is a risky venture. It is risky because other people are likely to already: (1) have that mark for their restaurant, (2) have a close approximation of that mark in use for their resteraunt already, or (3) wish to register that mark or one like it in the future. However, if you are the adventurous type, then you may try it. In response to your question, whether you can register a dead mark is going to depend on the reason why, and the circumstances under which the trademark was abandoned (why it is "dead"). If the circumstances are right, you may obtain your PORKY'S mark, however, I would contact a trademark lawyer for further advice.

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.