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There is a comic book, the most recent related item published in May 2014. The author hasn't worked with the item or associated objects since a 2015 intellectual property infringement over the title but still sells as of 2024. In fall 2024, can I use the title?

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    How do you know the author is not using it commercially? Creature Academy: The Legacy seems to be currently available for Kindle.
    – Henry
    Commented Sep 5 at 1:36
  • Sorry; I meant that it hasn't been trademarked in ten years
    – Banks-Summers Studios
    Commented Sep 5 at 2:32
  • I also only want to use the "Creature Academy" part
    – Banks-Summers Studios
    Commented Sep 5 at 2:36
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    Please ask your publisher's lawyer, not Randos on the internet.
    – Trish
    Commented Sep 5 at 4:50
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    What do you mean by "trademarked in ten years"? You don't have to renew registration of a trademark.
    – Barmar
    Commented Sep 5 at 16:42

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Offering a product for sale is sufficient to keep a trademark alive. So, no.

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    or rather more on point, it could be formulated: To keep a trademark alive, you need to use it in commerce. Offering a product for sale is a quintessential style of use in commerce.
    – Trish
    Commented Sep 5 at 9:45

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