Re: Trademark statute of limitations

You should consider filing to protect the property. A full review of the name should be conducted and proper documents filed.

Contact me for assistance.

Re: Trademark statute of limitations

No mention is made here of who used the name first. That is the very first thing which needs to be considered.

The second consideration should be whether the band in CA is still using the name in commerce. Even if it is a fact that they disbanded in 1981, it is not dispositive that they are not still using the name as a trademark (e.g., to sell CDs).

Two other concerns here are "use in commerce" and the geographic scope of that use. If you use your band name in commerce to provide goods and services to the consuming public (e.g. by performing publicly under the name or selling CDs under the name), then it is a possibility that the name could be registered as a trademark. But, if one only uses a trademark locally (only in one state), the owner cannot obtain a federal trademark registration for protection throughout the U.S. One may, however, register a trademark in a particular state if the trademark is used in that state. The other band may have a trademark registration in California (not USPTO).

So, as you can see here, your short questions contain multi-faceted legal issues. I have only given you a brief overview of a couple of issues. You should retain an attorney to fully evaluate all the facts, to do the appropriate research, and to advise you of your rights and your best courses of action.

Best of luck!

Re: Trademark statute of limitations

P.S. There is no 'statute of limitations' or limited duration of trademarks. Trademark rights can continue in perpetuity so long as they are used in commerce.