Offbeat legal question -- re: trademarks

[Amelia]

Is it legal to register the trademark of another company after that company goes out of business?

 

[Moonglow]

How long does a trademark registration last?

The registration is valid as long as you timely file all post registration maintenance documents. You must file a “Declaration of Use under Section 8” between the fifth and sixth year following registration. In addition, you must file a combined “Declaration of Use and Application for Renewal under Sections 8 and 9” between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. For more information see Maintain/Renew a Registration.

Trademarks FAQs

 

[Moonglow]

It also depends on the state laws of the defunked company.

 

[Amelia]

So my question is about what happens to the trademark after it has lapsed.

If a company sells the rights to its name to someone else then it would seem okay for new owner to renew the trademarks.

But if trademarks simply expire it seems like they should go into the public domain. If someone scoops up expired trademarks and registers them as their own that seems like someone copyrighting a book which is already in the public domain. Charles Dickens' copyrights have expired. I couldn't resubmit his work and copyright it myself.

Seems like anyone should be able to use expired trademarks for their nostalgic projects and no one person should be allowed to own the trademark again. But looks like I may be wrong.

 

[Moonglow]

So my question is about what happens to the trademark after it has lapsed.

If a company sells the rights to its name to someone else then it would seem okay for new owner to renew the trademarks.

But if trademarks simply expire it seems like they should go into the public domain. If someone scoops up expired trademarks and registers them as their own that seems like someone copyrighting a book which is already in the public domain. Charles Dickens' copyrights have expired. I couldn't resubmit his work and copyright it myself.

Seems like anyone should be able to use expired trademarks for their nostalgic projects and no one person should be allowed to own the trademark again. But looks like I may be wrong.

Copy rights and trademarks are not the same. Usually old literature is bought by individuals and educational institutions and they keep them current. Some let you use them for free, some are fee user.

 

[Moonglow]

So my question is about what happens to the trademark after it has lapsed.

If a company sells the rights to its name to someone else then it would seem okay for new owner to renew the trademarks.

But if trademarks simply expire it seems like they should go into the public domain. If someone scoops up expired trademarks and registers them as their own that seems like someone copyrighting a book which is already in the public domain. Charles Dickens' copyrights have expired. I couldn't resubmit his work and copyright it myself.

Seems like anyone should be able to use expired trademarks for their nostalgic projects and no one person should be allowed to own the trademark again. But looks like I may be wrong.

You have to research the name to see if it is expired or not.

 

[Amelia]

The logo in question belonged to a marble company which went out of business in 1951. I'm reasonably certain all claims to it had expired.

And now someone has claimed the logo as their own, paid the trademark fee, and is set up to make reproductions of marble boxes sold before 1950.

Multiple other people were using the logo for collectors' clubs, fun retro t-shirts, etc. Now I guess they have to cease their use of it.

Seems so dishonest that someone could claim it as their own exclusive property when they didn't create it or purchase the rights from the creator.