If the trademark search finds a mark identical or similar to mine but the owner is no longer in business (or the mark is no longer being used by that business) am I free to use and register it?
The answer again is “it depends.” Even if the original owner to out of business or is still in business but no longer using the mark, the mark may have been assigned to another business which is using the mark. Also if the mark consists of a graphic such as a log, it may still be protected by copyright law (which protects creative works or expression).
Related Questions
- How will I know if my business name, when used with "SL" or "inSL," is confusingly similar to a Linden Lab trademark, domain name, product, or service?
- DOES A PRIOR TRADEMARK APPLICATION OR REGISTRATION OF AN IDENTICAL OR SIMILAR MARK PRECLUDE ADOPTION OF A PARTICULAR TRADEMARK?
- Why does a business need to search to see if a desired domain name is protected by a trademark or used as a trade name?
