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Re: Re: can I register a dead trademark?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on November 13, 2002 at 00:23:55: In Reply to: Re: can I register a dead trademark? posted by Jason Yearry on November 12, 2002 at 10:53:11: : : 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 : : is it possible for me to re-register the dead one?... : : what would you suggest me to do? : Dear Modiyil, : 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. Dear Mr Yearry, M. Arthur Auslander
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