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OnPointLegal, Attorney
Category: Business Law
Satisfied Customers: 545
Experience:  20+ years experience in business and intellectual property law
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I am looking at a trademark brand name. The statement on ...

Customer Question

I am looking at a trademark brand name. The statement on the trademark registration says: ASSIGNMENT RECORDED (NNN) NNN-NNNN
SECT 15. SECT 8 (6-YR).
April 22, 2006
What does that mean, exactly? Can I get the name?
Submitted: 8 years ago.
Category: Business Law
Expert:  OnPointLegal replied 8 years ago.
It means:

1) an assignment of ownership in the mark was recorded with the US Trademark Office;
2) the trademark was registered on the principal register of the US Trademark Office -- this is as opposed to the "supplemental register". There is a difference that I could explain but I am guessing it is unimportant to you;
3) an affidavit was required to be filed to show continued use (the so-called Section 8/15 affidavit) and was apparently not filed. So, the registration is now "DEAD".

As far as your question, can you get the name, that is a bit more complicated. Just because this registration is dead, it does not mean that the name is XXXXX XXXXX your use. Frankly, if this registration was not dead, it would not mean that the name was not available. There are many other factors that must be considered -- the bottomline is whether the mark you want to use is going to be used in a way that would likely lead to confusion with another's trademark.

I would suggest contacting a trademark attorney if you want to determine whether a mark is available for your use before investing in development of marketing materials, packaging, etc.

Expert:  OnPointLegal replied 8 years ago.
Please let me know if you need additional information.

If not, I would appreciate your pressing ACCEPT so that this question can be closed and I can be paid. Thank you.

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