3 stripes out for Adidas
This case study focuses on the battle fought by Adidas to protect its mark in the form of three stripes, exploring the implications of the historical as well as more recent decisions of the court.
If a trademark has expired and is no longer actively used by the original owner, it may become available for registration by a new applicant.
In such cases, you can attempt to register the expired trademark as a new application if it meets the requirements for distinctiveness, proper usage, and non-confusion. You would need to go through the regular trademark application process, including conducting a comprehensive search to ensure there are no conflicting marks, filing the application with the appropriate trademark office, and paying the required fees.
During the examination process, the trademark office will assess the eligibility of the expired mark for registration based on the current legal requirements. It's important to consult with a trademark attorney or professional who can guide you through the application process, conduct the necessary searches, and provide specific advice based on your jurisdiction and the particular circumstances surrounding the expired trademark.
Is there any difference between lowercase/uppercase in trademark name registration?
What is the difference between the ™ symbol and the ℠ symbol?
What is the risk of not registering a trademark before or right after starting my business?
Which option is most suited for my online business - word or logo trademark?
Does logo registration offer any benefits over word trademark registration?
I have received a trademark office action due to the use of cannabis. What should I do?
Is it worth going forward with the trademark registration given the high risk of opposition?
Is there a price difference when filing wordmark vs figurative mark?
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