Yes, you can trademark something in the public domain.

You can trademark a name, logo, or slogan from the public domain if you use that name, logo, or slogan to sell or promote your products or services. If there is an expired name, character, or slogan that you wish to utilize as a marketing element, you may do so as long as you demonstrate that you are utilizing the materials to identify your products and services to consumers.

Works in the public domain are things that were protected until their trademark, patent, or copyright expired. These materials are considered fair use, though there may still be lingering protections. You should never assume that all protections have expired just because one or more have. It is important to perform a thorough trademark search before attempting to use any characters, names, or slogans to ensure that they are actually public domain and that there are no lingering trademarks.

Contact our associates today if you need guidance regarding registering something from the public domain as a trademark.


Trademark attorney Xavier Morales

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