On the other hand, a new trademark can certainly be used to prevent anyone from using something similar to the old trademark, assuming it creates a "likelihood of confusion."
In other words, if the common consumers would mistake YOUR brand for the old or existing brand of anyone else, you may have a problem, regardless of how old the other one is. You could assert the non-use as a defense, but it's still going to cost you thousands of dollars in legal fees to deal with it.
As mentioned by others, the copyright of a distinctive design can also outlive the trademark usage. In the USA a commercial logo is copyrighted for 95 years from its first date of publication. So, if they can't get you on trademark infringement, they can certainly get you on copyright infringement.
Don't replicate ANY logos. To do so would be illegal.
Logos can have trademarks and/or copyright. The ownership continues even after the logo used is abandoned / updated. You do not have the right to use it for anything without permission of the owner of the logos.
Trademarks can be renewed indefinitely so long as the entity that holds it continues to renew their registration and pay the applicable fees. Given the money sports leagues and franchises make sellilng throwback merchandise I can absolutely guarantee that the NFL & Chargers still hold trademarks on all their old logos.
Nope...the owner of the original logo retains ownership and control...any usage with consent is a violation of the law - no loopholes.
I'm starting a new business with a friend and part of it involves replicating logos; I was wondering if there are any law loopholes stating that, once a logo has been changed (ex. How the San Diego Chargers football team changed the design of their lightning bolt), the other one may be used publicly? I can't find any information on the subject. Thank you for your answers!!!
