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Can I trademark a dead trademark?

Discussion in 'Copyright, Trademark, Patent Law' started by badmonkey912, Mar 16, 2009.

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  1. badmonkey912

    badmonkey912 Law Topic Starter New Member

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    Hello, there is a toy that I enjoyed as a kid that they don't make anymore. I've searched on TESS and found that the trademark has been dead for going on 10 years in April. The original file date was in February 1989. It says that the trademark was then 'canceled' in 1999.

    What I want to do is to make a website, wherein I could use the images from the toy's original packaging and to possibly make video games wherein the toy is the center of the game. Am I able to obtain the trademark being that I am not the original applicant? If not, how could I advance my ambitions?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Your problem here may be copyright - remember that the images that are part of the trademark are also subject to copyright law.
     
  3. Neil

    Neil New Member

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    I looked up the name party bus and it has been abandon
    Here is what I found

    Word Mark PARTY BUS
    Goods and Services (ABANDONED) IC 041. US 100 101 107. G & S: Guided tours of wineries and nightclubs. FIRST USE: 19991231. FIRST USE IN COMMERCE: 19991231
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 78807004
    Filing Date February 3, 2006
    Filing Basis 1A
    Original Filing Basis 1A
    Owner (APPLICANT) Party Bus Tours, Inc. CORPORATION CALIFORNIA P.O. Box 4774 Foster City CALIFORNIA 94404
    Attorney of Record Eric J. Sidebotham, Esq.
    Prior Registrations 2994159
    Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BUS" APART FROM THE MARK AS SHOWN
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator DEAD
    Abandonment Date February 2, 2007


    I want to get the name for a app now what do I need to do this?
     

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