Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: luvsdecor on July 21, 2017, 02:53:37 PM

Title: how to go about using a trademark that's marked 'dead'
Post by: luvsdecor on July 21, 2017, 02:53:37 PM
I would like to use trademarked words (strictly hypothetical for use of my question, let's say it's: candy cane) for my patent pending product line.  The trademark was marked 'cancelled' and 'dead' since 2015.  The dead trademark (candy cane) is not being actively used, according to an internet search.  The business that owns the trademark has those two words in it's title--again, this is all made up for use as an example, called:  candy cane, inc. From the search I conducted, they are no longer in business, and I doubt they want to use the trademark. I would like to contact the owner to get permission to use the trademark, if they are definitely no longer using it. My 2 questions are: Should I do that?  And will that letter cover me legally if they say it's ok to use in writing?  I know this is not directly related to patents, so if it can't be answered in this forum, I understand.
Title: Re: how to go about using a trademark that's marked 'dead'
Post by: Brad on July 22, 2017, 05:25:48 AM
Sorry I don't know the trademark rules.  I will leave your question posted here in case someone else can answer it.