How To Register A Dead Trademark
Read more on if you can register an abandoned mark here are several things that you should consider before you choose to register a dead or abandoned mark.
How to register a dead 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. The initial trademark application never matured to registration. For a new trademark you will select initial application form. While it is possible to register a dead or abandoned mark other issues might make you avoid doing so. Provide your name and address the name of the dead mark a statement as to the goods and.
Anything that could bear the mark needs to be verified. Here are the three most common reasons that trademark filings become dead. When a trademark application does not mature to registration whether due to a. In the uspto s trademark database records listed as dead no longer have any federal trademark registration rights. The uspto will check the application and approve it or deny it.
Check for websites business names labels and products. This is the public record application system where you will fill out the forms to apply to register your trademark. 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. What is a dead trademark. Access the trademark electronic application system teas.
To claim the dead trademark you will need to complete an application with the uspto. It is sometimes possible to revive the dead trademark of another business and obtain registration for yourself. A trademark owner can revive a dead trademark if the registration lapsed accidentally. 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 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. If the uspto lists your trademark as dead or abandoned however this does not necessarily mean that the mark is available for registration. A dead trademark registration is one whose registration was abandoned before it was issued or for which no declaration of continued use was filed. 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. A dead mark is one that has been abandoned and is no longer registered with the uspto.