Legal Question in Intellectual Property in Oklahoma

I understand your question to be asking what is the status of a trademark registration when its owner dies and the product has not been used for many years. First, the trademark registration is an item of property (hence the term "intellectual property") and ownership would pass to the heirs of the owner either under a will or intestate. The successor in interest then basically steps into the shoes of the owner and has the same use requirements. The general guideline is that three years of non-use is taken a proof of abandonment of the mark, unless the non-use is legally excused for some provable reason. There also may be a renewal period that has been passed if it has been many years, and that may have resulted in the registration being cancelled. Rights in a trademark arise, under US law, from use of a trademark so non-use erodes and ultimately eliminates trademark rights. So, the responsibility to use the mark and thus retain the rights rests upon the owner of the mark, and if the owner dies then upon the owner's successors...and that is your answer. Now, the death of the owner and the turmoil that follows might excuse non-use for purposes of keeping a registration, but only for a short period not for "many years." Also, if no one else has claimed the trademark and put it use, once use resumes by the heirs of the owner that disproves any intention to abandon the trademark and basically wipes out the effects of the non-use, again provided that no one else stepped in a took over the trademark during the period of non-use.

Lessons to be learned: Death does not stop the obligation to use a trademark or lose it. Trademark rights can be revived through use provided no one else has grabbed them in the meantime.