It is safe to use "dead" trademark?

[-__-]

what if that trademarked word( was abandoned 10 years old) has become a common term that a lot of sites use it now? Do you think it is safe to use it?

 

[Whogister]

I can't say it'd be 100% safe for sure but the previous mark owner would have a very hard time
defending a mark that has been abandoned as well as saturated.

 

[SearchEngineZ]

If it was the brand owner that gave up on the domain, you should be fine. If they won't spend $10 a year to keep the domain, they probably won't care in any other way.

When it comes to any domain that you could lose in a dispute, it depends on how much you invest. I've lost a few domains in disputes (my first was YahooYippee.com to Yahoo), but because I only spent $10, it didn't really matter.

But if you spend $$$ buying it, you must accept that there is an element of risk involved.

 

[-__-]

If it was the brand owner that gave up on the domain, you should be fine. If they won't spend $10 a year to keep the domain, they probably won't care in any other way.

I am confused, why does the domain has anything to do with trademark words? I mean, people trademarked the word, but not the domain, right? (I am learning here)

 

[SearchEngineZ]

I am confused, why does the domain has anything to do with trademark words? I mean, people trademarked the word, but not the domain, right? (I am learning here)

Roughly speaking, the rules of domain names say that if you use someone else's trademark in your domain name, in bad faith, the trademark owner can ask that you forfeit the domain.

You can have AppleOrchard.com if it is for your orchard, but if you have BuyApples.com and it is making money from Apple's trademark, you could lose the domain,

 

[sella.ca]

Using an old mark "in bad faith" is really the key. That and "passing off", will get you in trouble. If the mark is dead, you have every right to use the domain, but I'd avoid using it for the same wares and/or services that the old mark owner used it for. You'd probably be fine even if you did though.

Using any mark, registered or not, does give you a form of common law trademark protection from what I understand. As long as someone else isn't actively using the same mark for the same wares or services. You could then use that fact in court if someone tries to sue you. But don't take my advice as being legally sound