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Re: Dead trademarks

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Posted by Scott Lebson on March 07, 2003 at 04:35:59:

In Reply to: Dead trademarks posted by Dave on February 24, 2003 at 09:45:14:

: If a trademark is listed as dead, can someone else register that mark without any problem? Is there anything that would need to be done differently?

: Thanks, this site is a great resource!

Dave:

If your search results reveal that the mark was simply abandoned or not renewed, you would still need to conduct, at the very least, a "knockout" search of the Federal Registry to determine whether similar marks may have been filed in the interim. If the dead mark was cancelled or opposed and rejected by a third party senior user, your likelihood of registering this mark succesfully for similar goods or services is diminished. Although no search is exhaustive, it will at least give you an idea of what potential obstacles exist to registration of this mark.

Scott Lebson
Ladas & Parry
Intellectual Property Lawyers
New York, New York

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Subject: Re: Re: Dead trademarks

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: : If a trademark is listed as dead, can someone else register that mark without any problem? Is there anything that would need to be done differently? : : Thanks, this site is a great resource! : Dave: : If your search results reveal that the mark was simply abandoned or not renewed, you would still need to conduct, at the very least, a "knockout" search of the Federal Registry to determine whether similar marks may have been filed in the interim. If the dead mark was cancelled or opposed and rejected by a third party senior user, your likelihood of registering this mark succesfully for similar goods or services is diminished. Although no search is exhaustive, it will at least give you an idea of what potential obstacles exist to registration of this mark. : Scott Lebson : Ladas & Parry : Intellectual Property Lawyers : New York, New York

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Re: Dead trademarks

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