Any lawyers in the house?

[Saint Nick]

I play in a band called Indecision. We've only been around for about two and a half years. However, there is another band from Illinois called Indecision as well, and they have been around far longer than we have (mid to late 80s). I just searhced through the governments database of trademarks, and their trademark on their name is classified as "DEAD".

So, now my question is, can I file for the trademark of "Indecision" as a live performance act? The main reason I want to do this is because we are getting ready to print t-shirts, stickers, press our CD, and ultimately begin scouting for a management company/label while beginning extensive touring.

What do you guys think we should do?

 

[CrazyLazy]

If it's dead I don't see why you should have a problem registering the trademark. And it's definitely something you should do if you plan to do t-shirts etc.

 

[HannibalX]

They've had the name for 20+ years? Get a new name.

 

[Saint Nick]

Originally posted by: iFX
They've had the name for 20+ years? Get a new name.

Yes, they have... and have released a few albums. HOWEVER... they do not tour extensively or do much at all to get their name out. This is something we would probably excel at more than they -- especially by sending out large EPKs to radio stations, management companies, record labels, and promoters.

 

[erub]

My friend the patent lawyer says that if the trademark is dead, they still have the right to oppose if there are certain conditions are met.

 

[Saint Nick]

Originally posted by: erub
My friend the patent lawyer says that if the trademark is dead, they still have the right to oppose if there are certain conditions are met.

Could you maybe get a clarification on what kind of conditions?

 

[HannibalX]

Originally posted by: NightDarker

Originally posted by: iFX
They've had the name for 20+ years? Get a new name.

Yes, they have... and have released a few albums. HOWEVER... they do not tour extensively or do much at all to get their name out. This is something we would probably excel at more than they -- especially by sending out large EPKs to radio stations, management companies, record labels, and promoters.

That's a really weak argument. You have admitted they are an established band with multiple albums yet you still want their name.

Here's an idea - why don't you ASK THEM if it would be ok for you to ripoff their name and see what they say.

 

[Newbian]

I would say yes but I am not certain... you could say I haven't decided yet so one might call me undecided.

 

[Saint Nick]

Originally posted by: iFX

Originally posted by: NightDarker

Originally posted by: iFX
They've had the name for 20+ years? Get a new name.

Yes, they have... and have released a few albums. HOWEVER... they do not tour extensively or do much at all to get their name out. This is something we would probably excel at more than they -- especially by sending out large EPKs to radio stations, management companies, record labels, and promoters.

That's a really weak argument. You have admitted they are an established band with multiple albums yet you still want their name.

Here's an idea - why don't you ASK THEM if it would be ok for you to ripoff their name and see what they say.

Okay... for clarification's sake, we didn't "rip off" anything of theirs. We aren't stealing their music, we inadvertantly used their name. We just recently discovered them by looking through the TESS database.