Re: There is no trademark, can I trademark it and use it?

Subject: Re: Re: There is no trademark, can I trademark it and use it?

Comments:
: : Hello Everyone, : : I have a trademark question. Say there is company X that offered a service on their web site. They went out of business about a year or more ago and didn't renew their domain name. Now company Y wants to offer the same service as company X's web site. Company X never got a trademark for their web site. Can company Y register and use the trademark? In addition, company X isn't in the United States where company Y will form. Will company X have any legal rights if the former international owner tries to claim prior use? Company Y is fully aware that company X existed. I was told that the trademark owner would likely win any legal battles since company X never attempted to register the name. Your thoughts? : : Thanks, : : Martin : Althought the circumstances seem to be in your favor, do you need the legal risk? : The first used in the US is entitled to register if the mark has not been abandoned. That presents a legal question with risk to you even if you are right. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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