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Just found another Band using our band name...

I once played in a band called "The Originals", but we had to change our name because we came across another band on the other side of town called "The Originals". So we changed our name to "The New Originals". As it turned out, the other band decided to change there name "The Regulars". We considered changing our name back to "The Originals" but then thought, what's the point?

:hiding:

You could have been "The Original Originals." It would only have worked if you played covers.
 
I am certainly not a Trademark Attorney (or any kind of lawyer), but I was under the impression that, regardless of the registration of a Trademark, ignoring its enforcement is the same as giving it up. Hence, by you posting here that your band leader didn't care about the other band infringing on his Trademark, the Trademark can be fought in court and declared abandoned or something similar.

Again, not an attorney, just passing along some information that I thought might be accurate and worth looking into.

See page 22 of this document from the Patent and Trademark office.

[Invalid or Expired Link Removed]

Throughout the life of the registration, you must police and enforce your rights. While the USPTO
will prevent another pending application for a similar mark used on related goods or in connection
with related services from proceeding to registration based on a finding of likelihood of confusion,
the USPTO will not engage in any separate policing or enforcement activities.
 
I am certainly not a Trademark Attorney (or any kind of lawyer), but I was under the impression that, regardless of the registration of a Trademark, ignoring its enforcement is the same as giving it up. Hence, by you posting here that your band leader didn't care about the other band infringing on his Trademark, the Trademark can be fought in court and declared abandoned or something similar.

Again, not an attorney, just passing along some information that I thought might be accurate and worth looking into.

See page 22 of this document from the Patent and Trademark office.

[Invalid or Expired Link Removed]

Throughout the life of the registration, you must police and enforce your rights. While the USPTO
will prevent another pending application for a similar mark used on related goods or in connection
with related services from proceeding to registration based on a finding of likelihood of confusion,
the USPTO will not engage in any separate policing or enforcement activities.

You probably weren't aware that posting legal advice on TB actually makes you an attorney, and you can practice law in any state without passing the BAR exam.
 

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