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Can I use a trademark if it has already been expunged?
The answer is, it depends.
Even if a trademark is expunged, it doesn’t mean it’s no longer in use. If the trademark in question is still used by the owner, then he/she may still have common law rights. That means that when you file your trademark application, once it’s published for opposition purposes, the owner of the expunged registration may oppose registration of your mark on the ground of prior use. And he may win!
Trademark Attorneys in Vietnam
If you use your trademark without filing for a trademark, then it’s still possible for the owner of the expunged trademark to sue you, again on the grounds of prior use.
If the expunged mark is no longer in use, then you should be safe provided there are no other confusingly similar marks.
Trademark law is complicated.
To learn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71 Intellectual Property Lawyers in Vietnam
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