Intellectual Property Question

[Langy03]

Four years ago I saw a product and discussed importing it with the creator. Four years down the line, the creator has done nothing with it. It has never been sold anywhere.

I have recently found out that the registered name has lapsed in the two countries it was registered in. I still think it is is a good name and a good product. Can I register it and use it ?

 

[F_B]

To be able to help you I'd need more information. There are a few kinds of intellectual property rights which you can fall foul of.

Is it patented in the UK? A patent, as long as the renewals are paid lasts for 20 years.
Is there a registered design for the product in the UK? A registered design, as long as the renewals are paid, lasts 25 years.
Has it been made available to the public at all? If so, there will be an unregistered design right in the UK that lasts 10 years from that initial disclosure.

It may be worthwhile having a patent attorney do a "freedom to operate" search on the product that identifies if there are any rights out there you risk infringing.

With regard to the name, where was it trademarked (UK or international)? When did it lapse (it may be possible for it to be revived)?

You're more than welcome to pm me the full details and I can then give you a full opinion. I am a registered trademark attorney and regulated by IPReg so all communications would be without prejudice and confidential.