Let's say SuperCool, Inc. sold cooler under the name "SuperCool" and the company went out of business. The trade name "SuperCool" is well-known within the niche, but it was never registered in USPTO. Would it be OK for a different company to appropriate the name for their own product?

  • 1
    My guess is yes - because there is no harm to the defunct entity and no one who can come after you with a claim. As there is no registration in the USPTO it would be difficult (but not necessarily impossible) for someone to claim they bought the Trademark unless they were already making products with that name. I'm guessing that were you to register the trademark with the USPTO they would have a problem coming after you. – davidgo Nov 29 '19 at 17:44

A trademark is only a trademark while it’s used

One of the grounds for applying to deregister a registered trademark is that it is not being used by the owner. The same would apply to common law trademarks.

|improve this answer|||||

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.