Legal Question in Intellectual Property in Iowa
What would be the procedure and what would it cost for me to find out which old seed sack (30's-60's) logos I can use on fashion products? I would be want to find out what is public domain and what can I negotiate with the trademark/copyright owners to use their IP?
1 Answer from Attorneys
If it is a registered trademark, a search can be done to see if it has expired. Trademarks can be renewed infinitely, but you cannot renew a trademark unless it is in active use. You are not allowed to sit on a trademark for years and years without using it. "Use it or lose it" is the axiom.Try and find out of this company is still around, then have a trademark attorney conduct a search of the words and design and find out if it is a trademark in good standing, or has expired. (It is possible that it has been assigned to a new entity.) After you have all that information, your attorney can determine who (if anyone) can be contacted to acquire any still existing rights, such as copyright in the design element.
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