What does trademark status dead mean [Expert Advice]

Last updated : Aug 3, 2022

Why would a trademark be 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 I purchase a dead trademark?

No. You build trademark rights in the U.S. by using your mark or marks in commerce. Use the mark with your goods or services, to identify you or your company as the source and to distinguish your goods or services from any competition's, and you'll build trademark rights.

When can you use a dead trademark?

A dead trademark will not be used in evaluating pending trademarks. A DEAD trademark means that the trademark has been abandoned or canceled for one reason or another. Technically speaking, a dead trademark is available for use and registration by somebody else.

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").

How do I claim 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.

Can you claim 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.

Can I use a dead trademark logo?

“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.

Can I use a dead trademark UK?

A trade mark may also be considered dead if it hasn't been renewed and the period of restoration has expired. Just because a mark is listed as 'dead', doesn't mean that it is available. Someone may be using the mark, or accruing goodwill and recognition under the mark, so common law rights may apply.

How long is a trademark valid 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 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 long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

What are the three types of trademarks?

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

What happens to a trademark if it is not being used?

To acquire and maintain trademark rights, it comes down to use of the mark. If the mark is no longer used, no longer used in association with all of the goods/services identified in registration for the mark, or if the mark is used incorrectly, rights in the mark will be lost.

How often must a trademark be renewed?

You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you've exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.

How do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

Can I use my trademark while its pending?

A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.

Can I use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

Which category of trademark is the strongest?

The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.

How expensive is it to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

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dead trademark everything you need to know what is 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 what is a dead trademark according to the USPTO a trademark is a word phrase symbol for design for a combination of words phrases symbols or designs that identifies and distinguishes the source of the goods of one party from those of others how do I build trademark rights you don't need to register a trademark in order to build trademark rights in the United States in fact you acquire these rights automatically when you use your marks in commerce and distinguish yourself from your competitors trademark rights don't have an expiration date as long as you keep using the mark and continue to pay the licensing fees you remain the rightful owner of the market however registering your mark in the USPTO database or United States Patent and Trademark database might be beneficial to your business when you register a mark you are protected against the registration of similar marks a trademark can die for multiple reasons including generousity which when a trademarked term is used to refer to a general item or service and the USPTO then kills the trademark another example is abandonment when a mark holder stops using a trademark with no intention of using it again in the future for licensing assignment failure to respond lapse of registration and express abandonment are also ways a trademark can die acquiring a dead trademark what are the risks even if a trademark is listed as dead the original company or another party can be using the mark and therefore owning the common law rights to it the likelihood that they will sue you is small but it is a risk you shouldn't have to take before launching you to business you need to perform a common law trademark search on the name you want to use for your company especially in the case of dead trademarks you have to make sure you can use the chosen mark to avoid infringement a waste of your time and monetary losses a lawyer can help you complete a common law trademark search and understand if your chosen trademark can be registered or not if you are the original owner of a dead trademark and you want to revive it file a new application or simply begin using it again to claim a dead trademark you need to file an application with the USPTO the same way you would do with the mark that's never been registered before the USPTO will check the application and approve it for denying this is a difficult matter to navigate if you need consultation about registering a dead trademark post your question in the up counsel marketplace

Thanks for your comment Ezequiel Galstian, have a nice day.
- Colene Ty, Staff Member

hi i'm experienced u.s trademark attorney morris tarek today i'm going to talk to you about dead trademarks in the united states patent and trademark office the debt trademark in the uspto means that the trademark application or registration is no longer active a uspto trademark search using the test system can easily reveal hundreds if not thousands of dead trademarks many of which might have been dead for years or even decades but why would a trademark be dead in other words what leads to a trademark application or registration becoming inactive well there are really only two reasons why a trademark would be dead one the trademark application was abandoned by the applicant or two the trademark registration was cancelled by the uspto although this seems pretty darn simple and straightforward i think it's worth exploring what actually leads to trademark applications going abandoned and trademark registrations being cancelled this will give you a better understanding of why there are so many dead trademarks in the uspto records first let's discuss dead trademarks that result from the abandonment of trademark applications some people are under the mistaken impression that filing a trademark application will automatically result in obtaining a trademark registration nothing could be further from the truth in fact a huge number of trademark applications go abandoned every year thereby resulting in lots of debt trademarks here are some common reasons why trademark applications go abandoned the applicant failed to respond to a trademark office action or the applicant failed to file a notice of appeal after receiving a final office action or the applicant filed a trademark appeal with the ttab but the appeal was unsuccessful or the applicant failed to file the statement of use after the notice of allowance issued or the applicant failed to file an extension of time after the notice of allowance issued or a trademark opposition was filed against the application and the ttab sustained the opposition or the applicant filed an express abandonment of the application as you can see there are numerous situations that will lead to a dead trademark although the result is the same in each case an abandoned trademark application investigating the reason why a trademark is dead can often be helpful in determining whether you'll be able to register a similar or identical trademark for your products or services now let's discuss dead trademarks that result from the cancellation of trademark registrations trademark registrations are frequently cancelled by the uspto this is because owners of registrations one forget to maintain or renew their registrations during the specified time periods two decide not to maintain or renew their registrations or three never receive notice that their trademark registrations are being challenged by a third party so this results in even more debt trademarks in the uspto records here are some typical reasons why trademark registrations are cancelled the owner failed to file the section 8 declaration of use or the owner failed to file the section 71 declaration of use or the owner failed to file the section 8 and 9 renewal or the owner failed to respond to a post registration office action or a trademark cancellation was filed against the registration and the ttab granted the cancellation or the owner voluntarily surrendered the trademark registration again although the result is identical in each scenario a canceled trademark registration looking into why the previously registered trademark is now dead could shed some light on your chances of successively successfully securing a registration for a similar or identical mark again i'm the experienced u.s trademark attorney morris turek if you have questions concerning a dead trademark you found while performing a trademark search please reach out to me right away for your 100 free consultation i look forward to hearing from you soon you

Thanks Talia your participation is very much appreciated
- Colene Ty

About the author

Colene Ty

I've studied geochemistry at Dakota Wesleyan University in Mitchell and I am an expert in aerial archaeology. I usually feel optimistic. My previous job was engineering managers I held this position for 16 years, I love talking about nail art and word search puzzles. Huge fan of Kate Chastain I practice bobsleigh and collect premiums.