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by thaumasiotes
635 days ago
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Preexistence is still fully irrelevant. The generic use can come into being 50 years after the trademark does and it will still make the trademark invalid. Or it can die 50 years after the improper grant of a trademark and cause that trademark to become valid. A descriptive term can't be trademarked, and using "super hero" to refer to stories about superheroes is descriptive. But there is no chronological consideration. |
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The trademark office would not give me a trademark for "computers", "the internet", or "AI" if I walked in tomorrow