Can we use abandoned trademark [Beginner's Guide]

Last updated : Aug 26, 2022

What is mean by abandoned in trademark?

What does it mean when a trademark is abandoned? An abandoned Trademark is simply a trademark that is not in use. Thus, a trademark becomes abandoned either if it is not in use for a long time, or the owner doesn't renew it. Furthermore, the following cases can also lead to an abandoned trademark.

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.

How do I renew an abandoned trademark?

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. If you didn't receive a Notice of Abandonment, file within two months of learning of the abandonment, but no later than six months after the abandonment date in TSDR.

How do I renew an abandoned trademark in India?

Filing the application Form TM-13 [as stipulated in section 25(4) of the Indian Trade Marks Act of 1999] for restoration of one's dead trademark after its removal from the register of trademarks, along with all prescribed fees.

What can I do with an abandoned 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.

What is objected 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.

Can an abandoned 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 trademark a dead trademark?

It is possible to claim a trademark once it's dead. When a trademark is listed as 'dead,' it's previous 'live' status won't bar you from registration. However, you will run into problems of the original owner is still using the trademark or decides to start using it again after a period of time.

How do you get an abandoned trademark?

If you want rights to an abandoned trademark, the best action is to obtain a federal registration with the USPTO. You can do this by filing an online application on the USPTO's website, which includes your contact information, a drawing of your mark, a description of the associated goods or services and a filing fee.

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 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.

How do you overcome trademark objections?

You should provide exact items in respect of which the trademark is sought to be registered, by filing a request on form TM-16.” Corrective Action: The applicant can overcome an objection on the specification of goods or services by requesting to correct trademark application by filing a request on form TM -16.

What is the difference between opposed and objected in trademark?

Trademark objection is the objection raised by the Examiner of Trademarks whereas Trademark opposition is an opposition proceedings initiate by the third party. The third party here means any person present in public that may have objection towards the acceptance of your mark.

What are the 3 types of trademarks?

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

Can you have a trademark without registering?

An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.

How many trademarks can a company have?

Only one mark per application It should come as no surprise that one trademark application can cover only one mark. In other words, you may not register multiple trademarks in a single application.

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.

Can you buy a trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

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.

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like the good diligent responsible all up in your business watching entrepreneur that you are you're searching the uspto trademark database before deciding on a trademark for your business inevitably you find yourself staring at something like this what does that mean i'm about to tell you what it means why it's so important that you not disregard those dead trademarks and the exact steps to take when you see a dead trademark welcome to all up in your business if you're not subscribed yet hit that subscribe button and the bell so you'll be notified any time i post a new video so you don't miss out on any more hot trademark tips hi i'm aiden durham business and branding attorney with 180 locko in colorado and i have helped hundreds of businesses secure and protect their trademarks whether i'm preparing a trademark application for a client or breaking it down for my diy course brandish the trademark application process starts well before you hit that submit button on the trademark application it starts with a thorough clearance search i've done hundreds of trademark clearance searches and trust me it is the most important part of the entire process one part of the clearance search is searching the uspto's tess database where all the track records are housed and when you're doing it it's pretty likely that you'll run into at least one record of a trademark that says dead if you're not seeing any dead records when you're doing a trademark clearance search you may not be searching enough to so if that's you check out brandish where i show you the secret search techniques that us trademark lawyers use a dead trademark is one that's no longer under prosecution of the uspto meaning that it won't be used to bar or prevent your trademark registration the uspto won't take the dead trademark records into consideration when they're evaluating your application but just because a trademark is dead doesn't mean that you're totally in the clear to use it if you run across a trademark that's identical to yours are super similar but it's dead that doesn't automatically mean oh great this trademark's available for me since this one's no longer for live a trademark will become dead if it's abandoned or cancelled it means that either the applicant failed to meet a requirement maybe they didn't respond to an office action on time or their response wasn't accepted or maybe somebody filed an opposition and successfully opposed the trademark registration in either event whatever happened the trademark was never registered and it eventually became abandoned and thus was marked as dead or it could mean that the trademark was registered at some point but maybe it was cancelled by a third party or owner didn't file the renewal or maintenance documents the fact that a trademark is dead that in itself isn't really that important what's really important here is why it's dead what killed this trademark that's what you want to know that's where the real treasure is so put your indiana jones gear on because we're gonna do some treasure hunting look the trademark clearance search process is complicated heck the whole trademark process is complicated i've been through law school and i've been a trademark lawyer for like eight years now and it's still complicated that's why i created brandish so you don't have to go through law school check the link in the description to find out more alright back to our indiana jones treasure hunting the tsdr is the trademark status and document retrieval and it's where you can find all the dirty details about a trademark if you find a dead trademark that's identical or very similar to yours you'll want to know exactly why it's dead because whatever killed it could come after your trademark next let's use this dead meta booster trademark as an example clicking the record shows us that it was abandoned okay that's good to know but more importantly why was it abandoned open up the tsdr by clicking this button and you'll see that it was abandoned because the applicant failed to respond to an office action we definitely want to know more about that click this documents tab and pull up a copy of the office action and we can see that there was a likelihood of confusion with another registered trademark so if i try to enter a trademark for meta booster or something similar to it for same or related types of goods and services this tells me that there's a pretty good chance that i too would receive an office action citing a likelihood of confusion and probably won't get the trademark registration so even though a dead trademark won't directly impact your trademark application or your chances of registration you certainly cannot disregard them all together even if the uspto won't use those dead trademarks in evaluating your application they can still give you a really nice glimpse into the potential future of your application and your trademark the clearance search is the most important part of the trademark application and registration process and it's more than just a quick search and browse of the internet or the uspto database conducting a thorough clearance search which includes digging into any of those dead records it helps to keep you from wasting your hard-earned money on a trademark application that will never go through and avoid potential legal issues from arising later on down the line ready to start your trademark application i can teach you the exact process that i use with my clients and the precise steps that you can take right now that'll have you ready to hit that submit button on the application in just seven days head to this link or check the link in the description to learn more about brandish and diy your trademark application today securing your trademark is vital to the success and growth of your business and your business and your future self will thank you if you take the right steps to properly secure and protect your trademarks if you got value out of this video hit that thumbs up button and share this video so other people can learn the importance of trademark registration and why we shouldn't disregard any of those dead trademark records when we're doing a clearance search and be sure to check out some of my other videos for more legal tips and tricks for your business thank you so much for watching i'm aiden durham and i'll see you next time

Thanks for your comment Katrina Marflak, have a nice day.
- Phuong Olivieri, Staff Member

Thanks for this interesting article

Thanks Roseanne your participation is very much appreciated
- Phuong Olivieri

About the author

Phuong Olivieri

I've studied history of literature at Emmanuel College, Georgia in Franklin Springs and I am an expert in business administration. I usually feel grateful. My previous job was psychiatric aide I held this position for 2 years, I love talking about gongoozling and remote control cars. Huge fan of Michael Pena I practice trampoline and collect first editions.