Can you use an expired trademark?
Just because a mark is listed as “dead” at the USPTO, does not mean it is available to use without registration, or to register. It’s possible that the registrant of the trademark abandoned the federal trademark registration, but is still using the mark – and so still has common law trademark rights.
Can you buy a lapsed 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.
What happens if you don’t renew trademark?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
What happens if I don’t renew my trademark?
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.
How do I get a lapsed 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 is the lifespan of a trademark?
Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective as it is no longer in use.
Can I re register a trademark?
You can re register trademark if it has been canceled or marked dead in the USPTO database. Failure to file a renewal application before the expiry of the grace period of six months from the due date results in automatic cancellation of your trademark.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Is there an annual fee for trademarks?
The answer is that no. Most countries recognize your trademark registration for 10 years and you can renew it for another 10 years, and then another 10 years, and then another 10 years.
Why do Trademarks not expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.