# Using the mark/logo of a defunct company on apparel



## 32R (Nov 20, 2013)

Hello all!

I design aviation-related clothing and apparel. I've been wanting to use the logo of a now defunct (since 1992) company on shirts. The shirts have a silhouette of the aircraft and the model name and a logo of the company on them. 
Since the company has ceased to exist for the last 20 years, is it legal for me to use the logo? The logo itself is no longer in use, abandoned as the company was bought up by a larger company (Bombardier Aerospace). 
Bombardier manufacturers only one model that DeHavilland Canada produced, and does not use the DeHavilland logo/trademark at all for their marketing/manufacture, etc.

Thoughts? Here is a mockup of the shirt so you get the idea. Thanks!


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## 32R (Nov 20, 2013)

Guess you can't embed photos? Heres an attachment instead.


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## 20vK (Jul 9, 2011)

If they bought the company, they probably own the trademark and rights to use.


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## headfirst (Jun 29, 2011)

Consult a lawyer. I have no idea what I'm talking about below and am just offering up what I see as the right course of action. That said, call an attorney. This is why they exist.


_Even though the company is defunct someone still owns that logo and it's theirs to use. You should research who owns the IP for that company and offer to license it. As the company is defunct they may accept a low percentage or even a flat fee._


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## 32R (Nov 20, 2013)

Thanks, I went ahead and contacted the company. Easier to just ask, lol. I know of other companies doing the same thing, but I have no idea if they actually have permission or not.


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## binki (Jul 16, 2006)

If the Mark has not been used in commerce in the last 3 years it should be dead. Spend a couple hundred and try to register it.


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## headfirst (Jun 29, 2011)

binki said:


> If the Mark has not been used in commerce in the last 3 years it should be dead. Spend a couple hundred and try to register it.


Your ideas intrigue me. I'd to subscribe to your newsletter.


In all seriousness this is a really interesting idea and you're usually on the ball on this stuff. Can you point me to some information on this?


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## kimura-mma (Jul 26, 2008)

Search the trademark database and see it there is a live trademark. If so, it's best to steer clear.

If there is no trademark or an old trademark that is now dead, it's really up to you if you want to use the logo. I wouldn't go so far as to say it's "legal" to use it, because there is always some level of risk that you could be sued (in the US, there is an obscure law called Misappropriation of Goodwill where you could be sued because you are using an association to the former company for commercial gain even though there is no infringement of a live trademark). But since the company no longer exists, there may not be anyone who cares to bring legal action against you. So there could be probably very low risk here. Do as much research as you can, try to consult an attorney and make the best decision possible.


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## binki (Jul 16, 2006)

searching is ok but you need an attorney in trademark law to do a thorough search. It might worth a few hundred for the fee to test the waters first. Just my opinion. If you turn up with a challenge then get a TM attorney. Or, start that way. 

What I am saying is if the mark is not used in the last 3 years you have a good shot at it and I would not shy away from it. It can really pay off.


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