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  #1  
Old 01-08-2006, 11:58 PM
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Join Date: Nov 2005
Posts: 20

Copywrite, Patent, and Trademark Renew?


Indiana
I would like to revive a product from a man who mfg it and sold it over 100 Years ago. As best I can tell he stopped selling and making it in the early 1920's. I would like to use his name and product advertising in the revival of this product. His material stated his product and literature was Patent and trademarked. However I have not been able to find any active trademark, Patent, or copywrite on the product or literature. Since the man and his product have long since been forgotten except for a few collectors of his original product, How would I go about reviving the product and using the mans name and own all the rights to the patent, copywrites, and trademarks of the man his product and former company? At what point in time would I be able to take ownership of the patent, copywrites, and trademarks of the man's name and his product?
Thanx
Bill
  #2  
Old 01-09-2006, 03:43 PM
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Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,583
Quote:
Originally Posted by Williamrig
Indiana
I would like to revive a product from a man who mfg it and sold it over 100 Years ago. As best I can tell he stopped selling and making it in the early 1920's. I would like to use his name and product advertising in the revival of this product. His material stated his product and literature was Patent and trademarked. However I have not been able to find any active trademark, Patent, or copywrite on the product or literature. Since the man and his product have long since been forgotten except for a few collectors of his original product, How would I go about reviving the product and using the mans name and own all the rights to the patent, copywrites, and trademarks of the man his product and former company? At what point in time would I be able to take ownership of the patent, copywrites, and trademarks of the man's name and his product?
Thanx
Bill
Any patents or copyrights would be long since expired, and if the name or product hasn't been sold in the U.S. in some time, the trademark is almost certainly expired as well.

You can obtain a new trademark by simply using the name and logo in commerce, you can also register the trademark with the USPTO, at [url]www.uspto.gov[/url]. You can't obtain a copyright on anything unless you create something new, because any copyrights on the original stuff are long since expired. Same with patents, unless you invent something completely new, you cannot obtain a patent because the original patent is long since expired.
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