Using the trade name of a defunct competitor
<p>Let's say SuperCool, Inc. sold cooler under the name "SuperCool" and the company went out of business. The trade name "SuperCool" is well-known within the niche, but it was never registered in USPTO. Would it be OK for a different company to appropriate the name for their own product?</p>

<h2>A trademark is only a trademark while it’s used</h2>

<p>One of the grounds for applying to deregister a registered trademark is that it is not being used by the owner. The same would apply to common law trademarks.</p>

united-states trademark