Can you register an expired trademark?
An abandoned trademark technically can be re-registered with the USPTO. The examiners at the USPTO, however, do not do a common law search–they only search for “live” conflicting marks on the register.
What does it mean for a trademark to be 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A dead trademark is a mark that is no longer active on the USPTO register.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 does a trademark go dead?
A trademark filing dies when it becomes abandoned, expired or canceled. Dead trademarks cannot be used to block pending applications. If an application never matured into a registration, then you will only see an application number. Trademark applications may die as a result of not meeting deadline.
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 a dead trademark be revived?
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.
What happens when trademark owner dies?
The USPTO defines a dead mark as: “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.” While you can register a dead mark, other potential issues may make it not worth the risk.
Can I use abandoned trademark?
2. Can you use an abandoned trademark in India? As an applicant seeking registration of an abandoned trademark, you’d have to establish non-use of the mark for five years. … The Trademarks Act allows any person to object to the registration of a trademark.
How much does it cost to register a trademark?
FINAL COST TO OBTAIN A TRADEMARK REGISTRATION
Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.