Can I buy a dead trademark?
Technically speaking, a dead trademark is available for use and registration by somebody else. However, just because a trademark is dead does not mean you are automatically guaranteed success if you try to register it. Rather, a dead trademark can provide valuable insight into the fate of your trademark.
Can I use an inactive 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.
What happens to an abandoned trademark?
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.
Can you revive an abandoned trademark?
If a trademark applicant unintentionally fails to respond to an Office Action or to a Notice of Allowance, there is a mechanism in place for that applicant to revive the trademark application. If this occurs a petition to revive the application must be filed with the United States Patent & Trademark Office (“USPTO”).
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.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do I get an expired 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.
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.
How does a trademark become dead?
How Does a Trademark Become Dead? Abandonment: Abandonment occurs when a trademark holder stops using a trademark with no intention of using it again in the future. If the owner does not use the trademark for three consecutive years, the trademark is dead.
How do you fix a abandoned trademark?
If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.