how to buy a dead trademark [Deep Research]

Last updated : Sept 20, 2022
Written by : Alton Mcclenningham
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how to buy a dead trademark

How do you get a dead trademark back?

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.

Can you use a trademarked name if its dead?

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.

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").

What happens if 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.

Why would a trademark be dead?

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 claim 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 I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: 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 do I buy an abandoned patent?

How to Buy an Expired Patent. Once you've located a patent that has expired, you can contact the patent owner and negotiate a sale. You can buy the invention and all rights to it, including the patent. You then renew the patent by paying the lapsed fees.

How do I find an abandoned patent?

Discovering if a patent is abandoned is a relatively simply process. If you don't already know the patent number or application number, do an Internet search for the information; the Google Patents Advanced Search option is a useful tool.

How do I get an abandoned patent application?

  1. Visit the U.S. Patent and Trademark Office's search portal site (
  2. Select the public Patent Application Information Retrieval search by clicking "Public PAIR."

Can two companies have the same trademark?

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 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.

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Can you make money buying expired patents?

Expiring patents can end up in court as infringement claims. Businesses and corporations sometimes turn a profit by buying old patents and then suing for infringement. Be aware that as a patent moves through the E1, E2, and E3 tranches, the fees will increase.

How much does it cost to buy a patent from someone?

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.

Can you buy someone's patent?

To buy a particular patent, make the owner an offer. Whoever owns the patent has the legal right to sell it to you if your offer is good enough. If the owner is a business, you can negotiate to buy the company, acquiring the patent as one of the business assets.

Do trademarks expire?

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.

Are abandoned patents public domain?

Even if a patent is properly maintained, they expire after several years. Many patents enter the public domain far earlier however than their expiration date. This happens when the patent or trademark is either abandoned or not maintained properly, such as through the maintenance fee schedule required.

What happens to an abandoned patent application?

When a patent application is abandoned, prosecution stops and the application will not mature into an issued patent. As a consequence, the patent applicant will not obtain a patent grant, which would otherwise provide federal rights to preclude others from practicing the invention sought to be patented.

Can I trademark someone else's name?

To register a person's name, the trademark application should specify whether or not the name identifies a living individual. If it does, then the consent of the living individual must be made of record.

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how to buy a dead trademark

Comment by Emilio Goecke

hello my name is Ruth Carter and I'm a licensed attorney in Arizona and this is your question of the day somebody asked me is it possible to buy an expired or dead trademark can I buy a dead trademark from the USPTO okay so if you go on the US Patent and Trademark Office trademark database you can look up every trademark that has ever been applied for some of these are listed as live which means that their application is pending or the applet or the trademark has been registered and some of the marks are listed as dead dead marks are ones that were either never registered or they were registered but then they weren't renewed so they no longer either they never had or they no longer have trademark protection under u.s. trademark law for registration they've made if the company's still using it they they'll still have at least common law rights on their mark so can you buy a dead mark from the USPTO no you don't buy trademarks from the US Patent and Trademark Office you would you could buy a trademark from the person or company that owns it if if they're willing to sell it if they start still using it a trademark that has not been used in commerce continuously for three years is considered abandoned under US law so at that point no one owns it so you would have to look at the totality of the circumstances to determine is this a trademark that is still owned by somebody or because if it is then you have to buy it if you want to use that same trademark on the same type of goods but if it's a trademark that no one's that no one's ever registered and no one's using it hasn't used for at least three years you may not need to buy it from anybody it just may be free for free for the using so these situations come down to the specific so please hire a lawyer to look into the status of the trademark that you want to use or acquire before you start using it because you may be setting yourself up for some pretty big legal issues so of course watching this video does not create an attorney-client relationship with any viewer this is merely legal information not legal advice if you need legal advice don't hire somebody but I hope this has been helpful hope it gives you a starting a starting point to do your own research and seek out legal counsel for your situation I put out new content every week so please subscribe to the channel and until then I will catch up with you later take care

Thanks for your comment Emilio Goecke, have a nice day.
- Alton Mcclenningham, Staff Member

Comment by Tad

ashle asks me on Quora can you buy a trademark that's no longer being used or has a dad status I'm on dream income the founder of trademark factory and here's my answer to this question now this really depends on what you mean by by a trademark if the question is about can you actually get somebody to sell you what used to be a registered trademark but now as a dad status because there's no longer used the answer is no because a dad trademark is really no longer active on the trademarks offices records so it's not something that can be assigned they won't let you do that if you mean can you register the trademark that's the same as a trademark that's marked as dead because it's only used then it's a totally different question the answer to that question is probably yes you can there are a few exceptions the first exception is if the trademark is dead but the owner of that trademark is still actively using it they just forgot to you know take notice of some formalities and renew it on time that could be a problem so you'd be able to file it you'd be able to get it approved but they'll probably be able to successfully oppose it and somewhat similarly even if they're not using it but the mark is so well known and they're so well known there are situations when a really well-known owner of a really well-known trademark that's currently dead could successfully oppose an application by somebody who wanted to get the similar brand even though they were no longer using it so in most cases yes you can get away with registering a trademark that's now marked as dead but you have to do your due diligence you have to do your research and confirm to yourself then it's not dead because of an oversight but there really no longer using the mark now I hope this answers Ashley's question and if you found this video interesting or useful subscribe now get notified whenever the next one goes live and if you've got a question that you've always wanted answered it has to do with branding or trademarks post it in the comments below and I'll answer it whenever I can and until then I'll see you in the next video

Thanks Tad your participation is very much appreciated
- Alton Mcclenningham

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