Deadline for filing a Petition to Revive
Can you revive an abandoned trademark registration?
If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.
How do you reinstate a trademark?
A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused a registration to be cancelled or expired due to failure to file a §8 affidavit, §71 affidavit, §9 renewal application, or a response to an examining attorney’s Office action refusing …
Can you renew an expired trademark?
There is no procedure to revive or reinstate a lapsed or canceled registration, except in the unlikely event you filed the required forms and paid the mandatory fees, but the USPTO mistakenly did not process them in time.
Can I refile an abandoned trademark?
Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can’t just take over someone else’s application or registration.
What happens if trademark is abandoned?
Abandoned for failure to respond to office action. Abandoned means that the trademark application is no longer pending and, thus, cannot mature into registration. During the pendency of an application, a trademark examining attorney will issue an office action letter to the correspondence email address of record.
How much does it cost to register a trademark?
The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark.
Why is trademark dead?
A dead trademark is a mark that is no longer active on the USPTO register. This can happen because the owner did not respond to a trademark office action, did not renew their mark and pay USPTO maintenance fees or maybe filed a trademark intending on using the mark but never actually used the mark in commerce.
How do I get a dead trademark?
To claim the dead trademark you will need to complete an application with the USPTO. Provide your name and address, the name of the dead mark, a statement as to the goods and services that you wish to sell under the mark and a statement as to whether you have attempted to register the mark previously.
What happens if trademark is not renewed?
In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. After the period of the ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.
What does an expired trademark mean?
“a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”
How much does a trademark renewal cost?
3. Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $525 per class (if filed before the grace period).