Q: I understand that Nintendo left custom robo ti expire in terms of optical discs, but is the franchise trademark expired?
Is it basically up for grabs?
A: Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.
Marcos Garciaacosta agrees with this answer
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