Can i trademark a name that has been abandoned [Real Research]

Last updated : Aug 7, 2022
Written by : Felice Etheridge
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Can i trademark a name that has been abandoned

What does abandon mean trademark?

Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future.

Does register mean to abandon?

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

Can you 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.

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.

Can you use an old company name?

The names of dissolved limited companies can be registered by new and existing companies. There are no legal restrictions when choosing such a name. However, one important point you should consider is the reputation of the dissolved company.

Can I use a business name that has been dissolved?

Dissolved companies are companies that have been struck off the register and are no longer in existence. This means that a dissolved company name can be registered by a new or existing company.

How do I get a dead trademark?

Registration. 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.

What is the difference between a live and dead trademark?

Once a trademark is registered, the registrant must maintain it by filing a declaration of continued use to keep the registration alive. A dead trademark registration is one whose registration was abandoned before it was issued, or for which no declaration of continued use was filed.

Can you steal an abandoned patent?

The answer is no as you were not the first to invent whatever is in the abandoned patent. If you mean by "take" that you can make or use the ideas in the abandoned patent application, then the answer is yes as an abandoned application cannot be used to stop you from doing what is in that application.

How much does it cost to patent and idea?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

What happens after 20 years of a patent?

Hence, the life span for a patent in India is 20 years from the date of filing the patent application. You simply cannot extend the life of the patent. After its lifespan expires, the invention no longer enjoys patent protection and the invention becomes a part of the public domain.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can two companies trademark the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can my business have the same name as another?

When you're forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.

Is it illegal to trade under a dissolved company name?

Dissolving a company refers to the process of removing or “striking it off” the Companies House register. Once a company has been dissolved, it becomes illegal for it to continue trading.

Can you reinstate a company that has been dissolved?

Administrative restoration is a procedure for restoring your company if the business was forcibly dissolved e.g. struck off for not filing accounts on time. It's possible to apply for administrative restoration by contacting Companies House and completing the administrative restoration form.

How long does it take to restore a dissolved company?

The company restoration process can be expected to be approximately 4 months if all runs according to plan. An administrative restoration will be quicker as there is no need to go through the courts.

How long does a trademark last?

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 reuse a dead trademark?

A dead trademark is a trademark that was once registered or applied for and that the Patent and Trademark Office doesn't recognize anymore. Individuals and companies can register and use a dead trademark. When this happens, the original business can no longer use and seek protection for that trademark.

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.

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Can i trademark a name that has been abandoned

Comment by Otto Delullo

Thanks for this great article

Thanks for your comment Otto Delullo, have a nice day.
- Felice Etheridge, Staff Member

Comment by Leif

Thanks for this interesting article

Thanks Leif your participation is very much appreciated
- Felice Etheridge

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