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[swilliford]

I've got a situation where I want to start using an old trademark that my former company use to own.  When I left the company my partner moved all of the intellectual property into his own name.  We're on great terms.

The question is now that the trademark expired (he didn't need it any more) would it be quicker for him to reclaim it and then license it to me or for me to simply start the process of securing it for my new venture.

As I said before, we're on great terms and so I am really looking for the fastest way to secure the circle R.

Thanks in advance.

[JSonnabend]

That is actually a fairly complex question. 

To begin with, there is no such thing as an "expired" trademark, only "expired" registrations.  Trademarks themselves are either abandoned or not.

If your former partner has abandoned use of the mark, then he can't simply "reclaim" it.  If he hasn't actually abandoned it, he can license it to you or assign it to you, provided certain formalities are followed.

Otherwise, you can simply seek to use (and register) the mark yourself without regard to your former partner's abandoned use.

- Jeff