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Re: There is no trademark, can I trademark it and use it?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on June 27, 2000 at 04:26:12: In Reply to: There is no trademark, can I trademark it and use it? posted by Martin on June 26, 2000 at 00:02:57: : 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, Dear Martin, The result may turn upon the fact as interprested by the law. A factually clear abandonment of a mark may give the subsequent adopter the prime legal right. M. Arthur Auslander
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