Answer by Laurel Mintz: Can you claim a name from the US trademark office if someone else was the first to come up with the name and didn't claim it with the office?

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Can you claim a name from the US trademark office if someone else was the first to come up with the name and didn't claim it with the office?

Also, can you claim a trademark with the USTPO if you wanted to use part of an already well-known name, such as "virgin publishing" since i can't seem to find that term inside the TESS system? will the virgin group go after me?

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Laurel Mintz Founder at Elevate My Brand

Yes. That is the whole purpose of the USPTO filing system. Whoever is first to file gets the mark. There is common law usage which they could argue but first to file is generally upheld.

Answered 9 years ago