How do I reinstate an expired trademark?
A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R. §2.64(b). The request must be filed using the TEAS Petition to Director form.
What to do if trademark expired?
In India even if the mark has been expired, one can apply for its re-registration. If someone else applies for registration for expired trademark as per the prescribed procedure, owner of expired trademark can file objections at the registry, tribunal or appropriate forum.
How long do you have to revive an abandoned trademark application?
You will have to file a petition with the United States Patent and Trademark Office (USPTO) to revive the application within two months after the Notice of Abandonment has been posted and within six months after the USPTO electronically posts that the application has been abandoned.
What happens if I don’t renew my 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.
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 trademark be renewed by paying the renewal fee?
Yes, it is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee. A delay of more than 6 months can be risky and shall attract extra fees and documentation.
How do I get a dead trademark?
To claim a dead trademark, you need to file an application with the USPTO the same way you would do with a mark that’s never been registered before. The USPTO will check the application and approve it or deny it.
Can you claim an abandoned patent?
The owner of an abandoned patent application in the US can petition to have it revived on the basis that the non-response causing the abandonment was unintential. If it is not revived then you or anyone else could make, sell, and import the invention. Thanks for the quick answer. You are correct.
Can you revive an abandoned patent application?
Fortunately, after a patent application has been declared abandoned, it can usually be revived by completing a few simple steps: Filing a petition to revive abandoned patent application. Paying a revival fee and any other fees that are owed. Correcting the issue that resulted in the abandonment.