Abandoned trademark application [Expert Approved]

Last updated : Sept 11, 2022

Can I apply for a trademark that has been abandoned?

You can't simply register an abandoned trademark. The trademark as it once existed is now dead.

Can you refile a trademark application after abandonment?

If your application has been abandoned for more than six months, revival is unlikely and you should file a new application. If you can show that an extraordinary situation prevented you from filing a petition to revive within six months of the abandonment date, you can file a Petition to Director form.

What happens when your trademark is abandoned?

When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark. In effect, this frees the trademark so that anyone else can use it without recourse from the original trademark owner.

When can you 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.

Can you revive a trademark registration?

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").

Can you revive a Cancelled trademark?

How can you revive a canceled trademark registration? The USPTO will usually send a notice of cancellation or expiration. Within two months of the date of the cancellation/expiration notice, the registration owner must file a petition to revive with all the necessary requirements and fees.

How do I restore an abandoned trademark?

In case the abandoned trademark is already in use by someone else, you will be required to file a fresh TM-A application. To restore a dead trademark, one has to file the TM-13 form. Once the application is processed, you will be the legal owner of your registered trademark.

How do you buy a dead 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 do I restore an abandoned trademark?

If a trademark has been removed from the Register of trademarks on the grounds of non-renewal then the same can be restored by filing an application in the prescribed form for restoration of the mark after six months and within one year from the date of expiration of the last registration of the mark.

How do I reinstate my 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.

How do you buy a dead 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.

Can you revive a Cancelled trademark?

How can you revive a canceled trademark registration? The USPTO will usually send a notice of cancellation or expiration. Within two months of the date of the cancellation/expiration notice, the registration owner must file a petition to revive with all the necessary requirements and fees.

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hey what's up everybody this is attorney dan nguyen and today i want to talk to you about reviving a trademark so maybe you've tr uh filed for a trademark yourself and you forgot about the uh the deadline meaning um the trademark office office has issue an office action which is kind of like a soft objection letter now once you get one of these notices you have six months to to respond to it and for a lot of uh people who file themselves they just kind of forget i did have one client um you know uh tell me that they get so many emails and it just kind of got lost and and one of the problems also is you get so many communications from these third-party solicitors trying to sell you some stuff selling selling you trademark services that you don't know who's who right and it doesn't help that the trademark office tells you hey beware of third-party solicitors so they these emails kind of get mixed up to each other but you also have to kind of keep track of your application so so what happens when you forget to respond to a trademark office action response within the six month deadline can you revive it so generally you can revive it within two months of receiving the um notice of of abandonment so um this is a this is the website you can look at for more information and i'll put this link in in the in the notes um in the description and so uh so no later than two months from the date of the mill and that notice okay um so there's some other things if you not receive the notice of abandonment or have not received office action you can put some information there but generally speaking about two months is when you um is is kind of the grace period to revive your application so um in this here in this epic uh this page this i'll show you like what if you forget to file your statement of use or extension work for requests but most people who file themselves usually file was a 1a actual use application and so they forget to file a response to the office action okay so this is the one right here you'll pay the fee you'll have to you know declare that the intention was unintentional and signed by someone who has firsthand knowledge of the facts and then responding um uh to the office action so usually in the office action they'll say hey these are the particular deficiencies with your application and in your revival petition you'll need to respond to those particular issues that they have that they have raised okay so um i've actually have here uh you actually apply for the apply for the um revival online but this is uh this is a pdf version of what's online i just want to go through this real quick so you uh if you're not just kind of your first time you can kind of fill this out first to kind of prep your application and help you respond okay so you'll punch in your serial number here you can find your serial number on your filing receipt okay you just kind of copy and paste it right here or if you prepared an application a petition to revive before you can put the file here but generally speaking you'll probably start right here with the serial number now this will pre-populate everything else your cell number what the mark is um what your correspondence address is and then if there was a mailing of notice of abandonment okay these are the questions you will have to answer did you receive a regional office section yes or no if not are you responding to a filing to now filing a response okay so again like i said there's a couple of uh matters or issues raised in the office action so if you're responding then then you would click yes here okay and then um so then this is the um this is the confirmation that um that you are clicking right and um generally if you're filling this out yourself then you click here sign directly for the petition form and fill all this information right here okay so other things here do you need to respond to refusal to register your mark for any of these things right so if it's yes then you would click here okay do you need to resp uh to do any of these followings any of these things right here delete an existing class number um maybe you're not um in business in that particular category anymore or add some um submit a new specimen right if you need to do those things then you will get class if you don't need to do any of these things then you click no okay all right and then you know these are this is kind of the miscellaneous information you need to do any of these other things disclaimers prior registrations 2f claims consents supplemental registers you would click yes or no as applicable if you need a new drawing or to change the mark yes or no do you need to correct or change the applicant's name or entity information so yes or no if you need to add goods or services all right yes or no you need to submit a fee for these particular reasons so yes or no is there a new appearing attorney so if if you hire an attorney then the attorney will prepare this and we'll click yes okay you need to update your correspondence information you would click no if you're back to number eight if you are um doing this yourself then you click no do you need a semi declaration yes or no okay okay let's continue on and you know if you have drafted the response on the say a pdf then you can you can attach it here or you can copy and paste in your arguments here okay um so this is uh this is where your goods and services are with your international classes generally there's no there's no changes unless the uh unless your um your response warrants it okay so um generally generally they say the same kind of depends on your application okay um and then if if you follow a new up a new um new specimen um you would click the the um the appropriate box all right so this is just continuous is more this is the second class so it's the same same thing if you did multiple classes this is just the second class okay just kind of scrolling on okay is this any additional statements that you need to put prior registrations any things like that um two f claims things like that any miscellaneous statements okay um and then um uh if you're going to amend the mark amend it then you would check it okay so i can as we continue okay right if uh if you need to if you are changing the mark um or the drawing or anything this is this is the particular section okay upload and things like that continue okay this is owner information so if if you're required to change owner information um then um you know you would do it here there's address phone number things like that um this is the um this is for um click this is the same um just the same uh if we need to do new class adding a new class okay uh typically typically you can't add or expand classes so um sometimes when you add a new class it's it's maybe because the exam attorney asks you like oh you have to do this and if if you do have you if you're allowed to add a new class then you have to pay some more fees for that additional filing fee okay so it's the same type of same type of uh information there um so here are the fees um so these um um you will have to pay filing fee for revive and then per on a per c

Thanks for your comment Lester Dwaileebe, have a nice day.
- Zulema Asley, Staff Member

Thanks for this interesting article

Thanks Mickey your participation is very much appreciated
- Zulema Asley

About the author

Zulema Asley

I've studied libertarianism at Prescott College in Prescott and I am an expert in european archaeology. I usually feel okay. My previous job was casino slot machine mechanic I held this position for 21 years, I love talking about running and snow boarding. Huge fan of O.J. Simpson I practice karate and collect cereal box prizes.