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"recovering trademarks" Topic


3 Posts

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Comments or corrections?

jgawne19 Sep 2008 11:51 a.m. PST

My understanding of the law (poor as it is) is that if a trademark does "dead" it can really only be recovered by someone who was in come way initially involved with the original trademark application.

My example is that I wanted to grab the dead trademark of an old well known military equipment manufacturer – not to profit off it, but as a way to prevent some guys from making fakes and using the original name and trademark to fool people.

Anyone know FOR SURE if this is correct? That I would have to have some connection with the original company to reestablish it as a trademark?

nycjadie19 Sep 2008 11:53 a.m. PST

This is a very complicated issue. You can Google "phantom marks" for more information. If you want to discuss specific issues, you can PM me. I have some experience with this regarding the PAN AM marks.

Jerzei Balowski19 Sep 2008 4:59 p.m. PST

If someone's willing to illegally fake an item, I don't think they would be deterred by the fact that someone has the trademark.

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