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  • Hilary Sumner

Is it Safe to Use a "Dead" Trademark?

Updated: Aug 24, 2023

Cancellation of a trademark registration does not extinguish common law trademark rights. If the owner continues to use the mark after abandonment or cancellation by the USPTO, that owner will still enjoy common law protections allowing for use within the current "zone of commerce." While it may possible to register a canceled or abandoned mark, one should think carefully and research any potentially confusingly similar uses.

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