Use a name of a nightclub that no longer exists.

UPDATED: Oct 1, 2022

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Use a name of a nightclub that no longer exists.

A local night club closed down in 2004. Wanted to create an event for a
fundraiser using the same Name as the club. Will I have a problem with this?
Owner has passed away.

Asked on January 9, 2019 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can do this so long as the name was not trademarked and that trademark is still active and is currently being held by someone (since you cannot use a trademark without the mark holder's consent). You can check on whether it was trademarked (and if so, whether it is still an active mark) on the U.S. Patent Trademark Office's (PTO's) website--they have a good, easy to use search tool there.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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