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Does a trademark expire and what if a company has a similar

 
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Customer Question

Does a trademark expire and what if a company has a similar trademark in name only registered but is not actively using it?

 

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State/Country relating to question: California

Already Tried:
Internet Research

Submitted: 362 days and 21 hours ago.
Category: Intellectual Property Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  BartEsq replied 362 days and 21 hours ago.


BartEsq :

Hello, Im researching your answer now.

BartEsq :

If you do not renew your trademark, it is only good for ten years.

BartEsq :

And at the 5 or 6 year mark, you have to update some info.

BartEsq :

If a name has not been renewed you are free to claim it.

Customer :

Can I ask something else?

BartEsq :

Sure.

BartEsq :

If the name is XXXXXXXXXX XXX active but not literally being used, you cannot use it.

BartEsq :

Well, not without the owners consent.

Customer :

Here's my deal i am building a company and I've named it livehirewire, inc. there is a trademark registered by careers USA as hirewire. They registered it as a recruitment site, but they are using it as a recruitment newsletter site. Is livehirewire too similar to hirewire?

BartEsq :

What type of business are you going to be doing

BartEsq :

/?

Customer :

We are a job board and live personal profile site.

BartEsq :

The industries are simular enough. Theres no way to tell whether there would be substantial simularity without getting into litigation but there is significant enough concern to probably avoid that close of a name.

BartEsq :

You would probably get a cease a desist letter at some point.

Customer :

Ok thank you

BartEsq :

Let me know if you need anything else. Please contact me if you have any problems. You can request me directly or just put "To Bart" at the beginning of your question. Please remember to "ACCEPT" so I can get credit for my work. Positive Feedback and Bonus is not mandatory but appreciated.

Customer :

Expert TypeResearcher
Category: Intellectual Property Law
Pos. Feedback: 100.0 %
Accepts: 192
Answered: 5/15/2012

Experience: Juris Doctor

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