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if the trademark registration has lapsed can i use it im going to answer that question in the next four minutes im angela langlotz trademark and copyright attorney im going to spend our time today answering a viewer question so jason bowden distal this is for you jason messaged me and he asked i have a question if a trademark is dead or cancelled and a company hasnt used it within 10 or more years is it safe to register it for my company okay so you go into the trademark database you see the mark that you want to file and you go to look at it and its dead its dead so you think wahoo i can use it well not so fast not so fast you might not be able to use it we need to do a little bit more digging now remember that trademark rights are acquired through use right not just registration you have to keep using the mark in order to maintain your trademark rights if you dont use the mark then your trademark rights can be lost irrespective of your registration status so we have to very c
