Fashion line named after old movie?

[mrgonzo]

Hello, I would like to trademark the name of an old movie for clothing products.

I looked on the USPTO and its not trademarked. I was also told before that studios have no rights to movie names, so I am assuming that they themselves would have to trademark the movie name for clothing first to stop me right?

Also there was a general theme in this movie that had a symbol, I would like to make a symbol similar to this and make that the logo.

Can I start a clothing line using this old movie name and symbol?

Thanks in advance for any help or advice.

 

[divgradcurl]

Can I start a clothing line using this old movie name and symbol?

Maybe.

Remember, just because a trademark isn't registered doesn't mean that the owner cannot assert common-law trademark rights. If the movie's owner is still selling merchandise or other stuff related to the movie, the movie name might still be covered by a common-law trademark.

Same with the logo.

Your best bet, if you want to make sure you are on solid ground before putting a lot of time, money and effort into this, is to contact a trademark attorney, who can review all of the actual facts of your situation and advise you accordingly. Also, you could consider contacting the movie's owners, and asking for permission to use the name.