Atlanta, GA asked in Copyright, Intellectual Property and Trademark for Georgia

Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

1 Lawyer Answer
Jason Brooks
Jason Brooks
  • Trademarks Lawyer
  • los angeles, CA

A: Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the same steps that any new TM registrant must follow, including demonstrating that you are using the mark in commerce, among other qualifying factors to be reviewed by the USPTO examining attorney(s). There is no procedure whereby you can just "claim" the mark as your own.

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