Dead Trademark & Patent Pending

[gamaleo]

What is the name of your state? New York.

1. I would like to register a trademark and I first searched in the database of the USPTO and found one company that has registered what I wanted. But then the trademark registered by that company has already expired. The indicator also states that the trademark is DEAD.

Does this mean I can have my own trademark registered even though the dead one is the same as mine?

2. I would like to manufacture a product (valve) and market it out. However one company has a patent application pending but which has not been published yet for opposition. Can I sell my valve prior to my competitor's registration of his patent?

 

[davezan]

What is the name of your state? New York.

1. I would like to register a trademark and I first searched in the database of the USPTO and found one company that has registered what I wanted. But then the trademark registered by that company has already expired. The indicator also states that the trademark is DEAD.

Does this mean I can have my own trademark registered even though the dead one is the same as mine?

What you probably mean is can you register a trademark for the same word/s.
If you search the US trademark database for "caterpillar", you'll find at least
12 entries for it under different classifications.

People can register a trademark for the same word/s. But how it's going to be
used must be specified to determine if it'll infringe on another or not.

The examining attorney will be the ultimate judge of that.

2. I would like to manufacture a product (valve) and market it out. However one company has a patent application pending but which has not been published yet for opposition. Can I sell my valve prior to my competitor's registration of his patent?

Divgradcurl will have a better answer for this. But I think what you're asking is
will you infringe on that patent if you go ahead and sell yours, is that it?

 

[gamaleo]

re #1, the dead trademark is related or closely related to my own product. This makes me hold off on the registration.

re#2, yes, that is exactly what I was trying to get across. Whether I will be infringing on the competitor's rights before it is patented if I sell the same thing now.

 

[divgradcurl]

1. I would like to register a trademark and I first searched in the database of the USPTO and found one company that has registered what I wanted. But then the trademark registered by that company has already expired. The indicator also states that the trademark is DEAD.

Does this mean I can have my own trademark registered even though the dead one is the same as mine?

Potentially. But even if the registration is dead, if the company or product is still alive out there in some way, shape, or form, they may still have common-law rights to the trademark. As davezan noted, your examiner will be the one to determine if you can register the mark or not.

2. I would like to manufacture a product (valve) and market it out. However one company has a patent application pending but which has not been published yet for opposition. Can I sell my valve prior to my competitor's registration of his patent?

Yes. Until a patent is granted, they have no rights to enforce. However, if you sell the product even ONE day after the patent is finally granted, you could be found liable for patent infringement. Even if you have ads up on the internet or elsewhere, thats enough to find infringement. Unless you can totally disappear before the patent is granted, you are setting yourself up for liability.