Legal Question in Intellectual Property in North Carolina
I have a name for my clothing line. i went to the trademark website and searched my name. There is a "dead" trademark close to my name. The difference is the spelling like "indure" vs "ndure". Will they reject my tradmark because the name it close?Does "dead" mean i could use the correct spelling of the word 'indure" to trademark? or trademark "ndure" to make sure it gets trademarked? thanks ART
1 Answer from Attorneys
Dead trademarks are not considered for the purposes of registration of new marks. An Examining Attorney will not refuse to register your trademark because it is similar or identical to a dead registration/application.
However, your trademark application may be refused if it is similar to a live application or registration. Also, even if a mark is dead at the Trademark Office, it may still be in use in commerce. If that is the case, the company using the similar name could still cause you problems later, because they may be the first user of the mark.
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