QUESTION

Business name intellectual property

Asked on Oct 04th, 2012 on Business Law - North Carolina
More details to this question:
I own a .com name and I would like to use it for online business. It was once a trademarked name and logo used by a large company for a quarterly publication. According to the gov website it expired in 2009 and to my knowledge it wasn't used after the late 80s. I would like to trademark the name with a new logo, if my business seems to have potential but I would prefer to wait until I launch the .com and see how it does. Can they stop me from using a name that was once trademarked?
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1 ANSWER

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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From the facts you describe you are probably entitled to use the abandoned mark, unless the former company continued to use the mark without registering it. These matters are normally very fact specific and best analyzed by an attorney who interviews you and learns the specific facts.
Answered on Oct 05th, 2012 at 11:55 AM

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