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StackExchange often trademarks its branded websites, but some are not trademarked, or their trademarks have expired (e.g., Seasoned Advice), according to United States Patent and Trademark Office.

If someone trademarks the title of any SE website such as Seasoned Advice (with expired trademark) or Ask Patents (without trademark), then can they stop SE from using that domain/subdomain or title?

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As part of the process of applying for a US trademark, an applicant (or the applicant's agent) must do a search for identical or aimilar marks in current use. The existancen of a sufficiently similar mark in the same or a similar category can be grounds for refusing the application, Also a proposed or recently registered mark can be challenged by the user of an identical or similar mark that was in use before the challanged mark .

Thus if one seeks to register a mark in previous but unregistered use, the application might be refused or challenged.

After several years (I think five) a registered mark is no longer subject to challenge for previous use. However, if a newer user attempts to move into an area where the same mark is already in use, and has been before the newer mark ws in use, it may not be able to.

Procedural details will be different outside the US.

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    "After several years (I think five) a registered mark is no longer subject to challenge for previous use." This is true but misleading. It's "incontestable," but explicitly except to the extent that it infringes valid preexisting trademark rights. A newer user can't kick out an older user from the older user's territory just because the newer user has an incontestable trademark registration.
    – cpast
    Commented Sep 5, 2022 at 1:57

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