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Can I take over someone else's expired trademark?

Senior Trademark Attorney

It is possible, but applicants should be wary and do their due diligence before filing.

First, you should verify that the trademark is genuinely dead. A mark is considered dead if the grace period has closed, and the original owner has not renewed it. Please note that even after expiry, the owner may still be actively using the mark in commerce, which in first-to-use jurisdictions like the US could give them grounds to oppose a new application. In the EU and UK, ongoing use after expiry can also be raised in opposition proceedings.

If the mark is genuinely available, a new application can be filed through the standard process. Previous registration of the same mark by another party does not guarantee your application will succeed, as it goes through examination and opposition on its own merits.

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