Member Since: 1/1/01
Can any IP lawyers help me with this?
I have found an expired name that I believe I can register as it hasn't been registered since 1985 and is listed as Lapsed/Not Protected, but I'm not 100% sure if I can be sued?
For the sake of the question, let's say the expired trademark is for 'Jimmy Smith's Lawn Mowers' which the company stopped using in the mid 80's and changed to 'Smith's Lawn Mowers'. but in the late 80's the company went broke and the name was acquired by another company who left 'Jimmy Smith's Lawn Mowers' inactive and didn't register it. Under the 'Smith's Lawn Mowers' name they use a very similar logo to the old brand, but not identical.
If I go and purchase the expired trademark, can the owners of 'Smith's Lawn Mowers' do anything legally to stop me from using their original but now unprotected name 'Jimmy Smith's Lawnmowers'?
The other thing to mention is that I am in Australia, and the trademark I'm referring to was US based.
Any responses are welcomed.