Dead Trademark Policy

[cdean2005]

To Whom It May Concern:

I searched TESS for registered trademarks like one that I am interested in registering. One result came back, but the indicator status was "DEAD". Does this mean that I can use the trademark or does the owner still have rights to the trademark? I have read other forums that mention common law rights that the owner may retain. I was also looking into simply registering the trademark in my home state (West Virginia). Can I register my trademark in WV and it be legal? Here is a copy of what the USPTO TESS search rendered:


Word Mark THINK BEFORE YOU ACT
Goods and Services (ABANDONED) IC 025. US 022 039. G & S: T-Shirts, Publications, Education Curriculum/Life Skills Curriculum Banners, Clothing, and Books posters. FIRST USE: 19950903. FIRST USE IN COMMERCE: 19950903
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78539664
Filing Date December 29, 2004
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Harris Lakurt D. INDIVIDUAL UNITED STATES 15 Willowwood Rd North Little Rock ARKANSAS 72117
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date February 3, 2006

The following link may be of assistance:

http://www.wvsos.com/forms/business/2004/tm1.pdf

 

[MediaLaw]

Dead means dead. A common reason is that the applicant may have received a response from the trademark office to which they don't want to respond, or there was another mark too similar that was pending.

You need to be using (or intending to use) your mark in interstate commerce to apply for a trademark. Go ahead and file in WV. A subsequent user may end up having to carve WV out of its business or make a deal with you.