Can i register a cancelled trademark [New Info]

Last updated : Sept 30, 2022

How do I revive a Cancelled 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.

What does it mean if trademark is Cancelled?

Trademark cancellation is the legal process of removing a registered trademark from the books. This allows the trademark to be registered by another party. Trademark cancellation is a legal argument under the Lanham Act. Its purpose is to allow a party to petition for removal of a trademark from the federal register.

How do I reactivate my trademark?

The person attempting to revive the trademark application must submit a petition to revive the application, the petition fee, and provide a statement that the oversight was unintentional. They must also file a response to the outstanding office action.

Can you undo a trademark?

A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act § 14.

What happens if I let my trademark expire?

If you let your trademark expire, you leave it open for another company or user to register and use it. If the products or services are different than yours, the other company may have an easier time acquiring your trademark. How do I renew a trademark?

How long does a trademark cancellation take?

The TTAB will issue a trial schedule with deadlines spanning 12 to 18 months. Most trademark cancellation hearings take a total of 30 to 36 months from start to finish.

Can a dead trademark be revived?

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 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.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

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 many times can you renew a trademark?

There's no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you're still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

How much does it cost to cancel a trademark application?

Some attorneys (including myself) offer a registrant a flat-fee to try to amicably resolve the cancellation (instead of litigate it). But, that flat-fee will probably be at least $1,000-$1,500.

How do I remove a trademark?

There is no way to "delete" a trademark. This is because trademark rights are not derived from registration---they arise from use (or intent to use" in commerce...

Can I trademark a name that is already in use but not trademarked?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How long is a registered trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can you copy a dead trademark?

Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can't just take over someone else's application or registration.

How much does it cost to renew trademarks?

Renewal of Federal Trademark – Combined Section 8 / Section 9. Owners of a registered trademark are required to renew their registrations every 10 years. This must be filed between the ninth and tenth year after registration. To do so, you must file the Section 9 Renewal form and pay the $400 filing fee.

Do you have to keep paying for a trademark?

Once you apply, you may need to pay additional fees, depending on your filing basis. After your trademark registers, you will need to pay maintenance fees periodically to keep your registration alive.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How do you respond to a petition to cancel a trademark?

In general, you must answer a petition for cancellation within 40 days of the TTAB instituting the cancellation proceeding. You must electronically file the answer through the ESTTA system and you need to serve a copy of the answer on the petitioner (usually by email).

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Write a comment

if the trademark registration has lapsed can i use it i'm going to answer that question in the next four minutes i'm angela langlotz trademark and copyright attorney i'm going to spend our time today answering a viewer question so jason bowden distal this is for you jason messaged me and he asked i have a question if a trademark is dead or cancelled and a company hasn't used it within 10 or more years is it safe to register it for my company okay so you go into the trademark database you see the mark that you want to file and you go to look at it and it's dead it's dead so you think wahoo i can use it well not so fast not so fast you might not be able to use it we need to do a little bit more digging now remember that trademark rights are acquired through use right not just registration you have to keep using the mark in order to maintain your trademark rights if you don't use the mark then your trademark rights can be lost irrespective of your registration status so we have to very carefully look at this so just because somebody had their trademark lapse okay and it can lapse for a number of reasons it could have been cancelled can be canceled for non-renewal it can be cancelled because somebody else filed a cancellation proceeding against that trademark it can be cancelled because somebody went in and said we are abandoning this trademark okay so we have to look at the record and see exactly what happened if it's cancelled because somebody else filed a cancellation proceeding then we probably want to investigate whether the people that filed the cancellation proceeding are still using the trademark that they were using when they filed the trademark cancellation proceeding because that mark that they they were using was probably the reason why they had the trademark registration in question canceled right we also have to look at this just because a mark is canceled that doesn't mean that you can still use it because a subsequent applicant may have come in between the time the trademark registration lapsed and the time that you looked at it and got all excited there may have been someone else come in and register a mark that now would be considered confusingly similar to the mark that you're proposing to use so the the bottom line is you really need to look at the record and consider all of the possibilities when you are looking at using any mark not just an abandoned mark but in general if somebody hasn't used a trademark for a number of years we usually say two if you haven't used the trademark and you don't have what we call excusable non-use then the trademark rights would lapse you may still have a trademark registration but somebody could come in and petition to cancel your mark for non-use so if you don't use your trademark the bottom line is you're likely to you to lose it either because you can't renew because you're no longer using the mark or because somebody else sees that you're no longer using it and files a cancellation proceeding so either of those things are possible and there's always the wild card of some intervening filing going on that may also affect your ability to use that trademark that's been canceled so jason i hope this helps you i'm going to tag you in this video so that you know that i answered your question if anyone else has questions you can drop them into the comments underneath the video i will answer them in a future live if you would like more trademark goodness i have a youtube channel you can just go to youtube and search trademark doctor you'll find me there you can also find me on facebook at facebook.com forward slash trademark doctor and online at trademarkdoctor.net

Thanks for your comment Louie Dolliver, have a nice day.
- Aida Lani, Staff Member

Thanks for this interesting article

Thanks Nelson your participation is very much appreciated
- Aida Lani

About the author

Aida Lani

I've studied pest control at National University in La Jolla and I am an expert in user experience design. I usually feel stressed. My previous job was farmers and ranchers I held this position for 26 years, I love talking about fingerprint collecting and bingo. Huge fan of Amandla Stenberg I practice judo and collect first day covers.