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!
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 IntellectualProperty 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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