Are very old logos still under copyright?
I would like to use a logo of a company that went into liquidation in the 1970s. The company no longer exists and would like to use the logo (dating back to the 1930s) for promotional memorabilia (commercial).
I tried some sites without any real luck.
- Anonymous5 months agoBest answer
Be safe check with Patent Office, or better the last known officer/lawyer of the company/corporation. buy it if you can.
- Nuff SedLv 75 months ago
Depends upon the trademark laws in your country and whether the trademark is still "in use in commerce", if it's in the USA, where federal (or state) trademark registration is completely optional.
- Steve DLv 75 months ago
In the US, trademark protection lasts for 10 years and can be renewed for 10 year periods forever. You need to start by making sure that the company or an agent for the company has not continued to renew the trademark (yes, even a defunct company can have its trademarks renewed). The problem then becomes even if the trademark has lapsed, the agent of the defunct company may invoke common law to protect the trademark.
Since you already know that the logos, etc. are probably trademarked (even if an application was never filed) either formally or through common use, you will always run the risk of someone coming out of the woodwork. Just be prepared to follow all cease and desist orders and consult a good patent/trademark attorney before starting to use the logos to ascertain your rights - do not rely on stuff you find on the web (which is where I found the above so use the summary only as a guide and not actual interpretations of the law - this is why attorneys spend so much time in school and practicing). If you can't afford the one hour consultation (probably will run you $150 - $200) then you can't afford to do whatever it is you plan to do.
- Anonymous5 months ago
No, that one still has a copyright on it.
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- Michal SychraLv 75 months ago
When Czechoslovakia began to be post communist country many old trademarks were not already used. But even in 2012 had to be the socialist trademark "Mototechna" bought. It has been done by Australian firm.
I suppose that everybody can use any trademark until somebody buy it. And this is your case.
- sunshine_melLv 75 months ago
Depends on the logo, any associated trademarks etc, and where in the world you are / want to use the mark (different countries, different rules)
See if your country has a trademark database or similar