Thank you for the answer, very helpful. I actually have the same question regarding a second name then, the two are in unrelated industries, and the trademark is dead according to the USTPO. Would I be allowed to ask that, or do I need to purchase a second question?
Thank you. There is a dead tradeXXXXX XXXXXsted in the USTPO called "DailyElixir", a natural health care product, the owner failed to renew the registration in 2009. I would like to use the name "The Daily Elixir" as my web video network name. My producer and I are in contact with the woman who owned the trademark and she still uses the name for her product, unregistered on a federal level. I don't believe she does much business as her product is a "snake oil" type remedy and her customer base is an extremely limited market. My question is, could I successfully use the name (Trademark, register DBA, etc.) "The Daily Elixir" without her consent, and if I do need consent, what type of consent do I need?
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