Question: What To Do When Your Trademark Application Is Abandoned?

Can you revive an abandoned trademark application?

You will have to file a petition with the United States Patent and Trademark Office (USPTO) to revive the application within two months after the Notice of Abandonment has been posted and within six months after the USPTO electronically posts that the application has been abandoned.

How do I claim 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.

Can you trademark a phrase that has been abandoned?

The USPTO defines a dead mark as: “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.

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What does trademark status abandoned mean?

The trade mark status in the Indian Trade Mark Registry website shows as “ Abandoned ” when the applicant failed to respond within the stipulated time period prescribed under the Act. Effectively, the trade mark application is not in force.

Is it hard to get trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Can I use an abandoned patent?

If the abandoned application was published, it will be prior art that can be used against your instant application. However, if you file a new application comprising inventions that are not anticipated by, and not obvious in view of the old application and other prior art, it might be allowable.

How long do trademark rights last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How much does it cost to buy a dead trademark?

Submit your application along with the requisite filing fee. As of 2013, the filing fee for an online application is $275.

How much does it cost to trademark?

Filing Cost of a Trademark Application Online The fees for electronically filed trademark applications generally range from $250 to $350 for each class of goods or services.

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How do I find a dead trademark?

DEAD trademarks, marks that no longer have an active registration or active application at the USPTO, can be searched at TESS: Trademark Electronic Search System (http://tess2.uspto.gov/). TESS is for searching DEAD and LIVE, pending and registered USPTO Trademarks and viewing Trademark images.

How can I claim a trademark?

For registered trademarks, a plaintiff must establish registration of the mark. If the trademark is not registered, the plaintiff must show that they have used the mark in commerce to designate particular goods or services.

How do I check a trademark status?

If unable to use TSDR to retrieve online status information, you may telephone the Trademark Assistance Center (“TAC”) at (571) 272-9250 or (800) 786-9199 and request a status check.

What happens if a trademark is objected?

When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. Otherwise, the trade mark application will be abandoned by the Trade Mark Registry due to lack of prosecution.

Can you take 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.

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