Can i register an abandoned trademark in india [Expert Review]

Last updated : Sept 2, 2022
Written by : Rudolf Homiak
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Can i register an abandoned trademark in india

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 I use abandoned trademark India?

Can you use an abandoned trademark in India? As an applicant seeking registration of an abandoned trademark, you'd have to establish non-use of the mark for five years. The Registrar may then contact the original registered user, and seek objections.

Can I register an expired trademark in India?

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.

What happens when a 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.

How do you fix a abandoned trademark?

In limited situations, you may be entitled to reinstatement without a fee if you can provide evidence that your application was abandoned due to a USPTO error. File a Request for Reinstatement form. File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment.

How do I revive an abandoned trademark?

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 is objected status in trademark?

The term 'objected' implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark.

When was trademark invented?

United States: there are at least two claims: A design mark with an eagle and a ribbon and the words "Economical, Beautiful, and Durable" was the first registered trademark, filed by the Averill Chemical Paint Company on 30 August 1870 under the Trademark Act of 1870.

How long is a trademark valid in India?

Validity of Registered Trade Mark All registered trade marks are valid for a period of 10 years from the date of application. At the end of its validity, a trade mark can be renewed easily by paying the Government fee for registration.

What happens when a trade mark expires?

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 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.

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 I use an abandoned patent?

2) Can I use an abandoned patent? No, you cannot use an abandoned patent application because the applicant has an opportunity to revive the patent application and reply to the office action if the delay was unintentionally caused.

Does register mean to abandon?

To voluntarily sign over for safe keeping, abandoning complete ownership for partial.

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.

Why is a trademark dead?

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 we use trademark if objected?

While filing an opposition the person opposing it must include the grounds upon which he is opposing the registration of the trademark. The examiner will provide the applicant due opportunity to defend his application as per the process laid out under the Act.

Can objected trademark be used?

Trademark Lacks Distinctive Character To overcome a trademark objection under absolute grounds for refusal, the trademark applicant can submit proof to show that the mark has acquired a distinctive character by virtue of its prior use.

What is a Class 35 trademark?

Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise.

What are the 3 types of trademarks?

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

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Can i register an abandoned trademark in india

Comment by Karoline Kneisley

got a trademark back in 1992 i did not maintain the yearly fees ah okay can i still claim it maybe maybe so 1992 is a few years back the question is did someone else or some other company or brand pick up that mark and start using it in the stream of commerce uh and are they still using it okay maybe they've picked it up and they've since abandoned it and maybe now it's available one of the best ways to go look is to check out the trademark electronic search system uh called tess if you just google tss the trademark the electronic search system you don't need to tell us what it is but that would be kind of fun if you want to we could do a little live screen share key but you go to that website and you can uh you can go pick up you can learn about different um trademarks to see if they're available i'll do a quick show and tell here just to show you guys what it looks like um so share screen here we go okay so it's this here do a basic word mark search and you know let's say back in 1982 you had you had a hockey team you went to columbia the blazing uh the blazing uh skates okay it was abandoned uh back in around 2014 they filed it and it is now dead right you can see whether it's live or dead they abandoned it in 2018. all right this was uh blazing skates i had no idea this was out there apparel namely shirts pants jackets footwear okay so there's an apparel brand that was all about you know skate maybe some sort of roller derby uh but they let it go they stopped paying for it and it's not dead so if you actually had a you know a company a brand you wanted to start called blazing skates blazon skates you could do that even though they had trademark rights for this for what looks to be upwards of four years it's available okay we want to connect a more thorough search to see if there's anyone else using similar wording or logo for currently for live rights maybe there's a brand out there you know blazer skating they're also in the apparel industry and you're interested in apparel industry and you want to go for blazon skates well that may be too close then they may oppose your registration you want to get that research done ahead of time you

Thanks for your comment Karoline Kneisley, have a nice day.
- Rudolf Homiak, Staff Member

Comment by Kelvin

Thanks for this interesting article

Thanks Kelvin your participation is very much appreciated
- Rudolf Homiak

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