Use a name of a nightclub that no longer exists.

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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