How To Register A Dead Trademark

A dead mark is one that has been abandoned and is no longer registered with the uspto.

How to register a dead trademark. It is sometimes possible to revive the dead trademark of another business and obtain registration for yourself. Although registration with the uspto helps to establish a trademark for the sole use of a business or person it is not required that you register your trademark. A business may have let their mark expire in the united states as they moved to canada but still have the intent to register it again. Registering a dead trademark might seem a good option but as you ve seen there are many disadvantages that come with it. To do this clear the rights.

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. To claim a dead trademark you need to file an application with the uspto the same way you would do with a mark that s never been registered before. While it is possible to register a dead or abandoned mark other issues might make you avoid doing so. For example if the uspto cancels a trademark based on the belief that the owner didn t respond to requests from the office but the owner can prove they did respond the office can revive the 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. Check for websites business names labels and products. Access the trademark electronic application system teas. If the uspto lists your trademark as dead or abandoned however this does not necessarily mean that the mark is available for registration.

A trademark owner can revive a dead trademark if the registration lapsed accidentally. Anything that could bear the mark needs to be verified. When a trademark application does not mature to registration whether due to a. To secure your ownership of the trademark and prevent future disputes it is a good idea to register your trademark with the uspto in addition to starting to use it again. The uspto will check the application and approve it or deny it.

When beginning the trademark registration process the first thing you should do is conduct a comprehensive trademark search learn about how to conduct a search to learn the status of the mark you plan to use. For a new trademark you will select initial application form. The initial trademark application never matured to registration. This is the public record application system where you will fill out the forms to apply to register your trademark. In the uspto s trademark database records listed as dead no longer have any federal trademark registration rights.