Can I revive a dead trademark?
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.
Why do trademarks die?
Trademark applications may die as a result of not meeting deadline. In some cases, a trademark application may die due to failure to overcome a refusal. A registration may lapse, for example, due to a failure to renew a mark that is still being used by the trademark owner.
What does it mean when a trademark is dead?
Dead Trademark A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.
Can a trademark be abandoned by the USPTO?
Trademark registration applications can be abandoned for failing to respond to a USPTO Office Action, for an incomplete response, or for failure to file a statement of use. Once a trademark is registered, the registrant must maintain it by filing a declaration of continued use to keep the registration alive.
How long does it take for a trademark to end?
As long as you keep using the mark and continue to pay the licensing fees, you remain the rightful owner of the mark. Trademark rights end when the owner doesn’t use their mark for three consecutive years. However, registering your mark in the USPTO Database (United States Patent and Trademark Database) might be beneficial to your business.
How can I find out if a trademark has expired?
An often neglected task is checking whether a mark is being used or not. Along with your standard online search, check any other countries that the mark was used in. A business may have let their mark expire in the United States as they moved to Canada, but still have the intent to register it again. To do this, clear the rights.
When does a trademark go dead in the US?
Trademark owners need to file these documents 5 and 10 years after the registration. The Patent and Trademark Office doesn’t contact the owners to remind them. If the owner fails to submit the documents, the trademark dies. A trademark goes dead also when an owner fails to respond to an inquiry by the Patent and Trademark Office.
Trademark registration applications can be abandoned for failing to respond to a USPTO Office Action, for an incomplete response, or for failure to file a statement of use. Once a trademark is registered, the registrant must maintain it by filing a declaration of continued use to keep the registration alive.
What happens to a trademark when it lapses?
Trademark owners who don’t file these maintenance documents risk letting their registration lapse. This can result in the USPTO canceling the trademark and considering it abandoned. After a registration lapse, third parties may be able to use the trademark. Often, however, the original trademark owner can make a strong case for non-abandonment.
Can a trademark be used by somebody else?
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.