How do I restore an abandoned trademark?
Filing the application Form TM-13 [as stipulated in section 25(4) of the Indian Trade Marks Act of 1999] for restoration of one’s dead trademark after its removal from the register of trademarks, along with all prescribed fees.
What happens to an abandoned trademark?
Once you stop using the trademark, your trademark rights become abandoned, creating an opportunity for someone else to acquire the rights. Search the USPTO website to learn why the trademark was abandoned. You might be able to acquire the trademark depending on the circumstances of its abandonment.
Can you revive a trademark registration?
Often, lapsed or abandoned trademarks is due to people failing to file a Section 8 Declaration of Continued Use. After 5 or 6 years of registering a trademark, this must be filed to let the USPTO know the trademark is still being used. You can’t revive an abandoned trademark registration.
Can we apply trademark which is abandoned?
2. Can you use an abandoned trademark in India? As an applicant seeking registration of an abandoned trademark, you’d have to establish non-use of the mark for five years. The Trademarks Act allows any person to object to the registration of a trademark.
Can we apply for abandoned trademark?
As an applicant seeking registration of an abandoned trademark, you’d have to establish non-use of the mark for five years. The Registrar may then contact the original registered user, and seek objections. The Trademarks Act allows any person to object to the registration of a trademark.
Can 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.
How does a trademark become dead?
How Does a Trademark Become Dead? Abandonment: Abandonment occurs when a trademark holder stops using a trademark with no intention of using it again in the future. If the owner does not use the trademark for three consecutive years, the trademark is dead.
Can you take over an abandoned patent?
The answer is no as you were not the first to invent whatever is in the abandoned patent. Beware that the patent process in the US is fairly lenient in allowing someone to claim that the failure to act in time to prevent an abandonment was unintentional. With the payment of a fee, a person can restart the process.
Can I use a trademark 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.
How do you know if a trademark is abandoned?
If a mark isn’t used for 3 years, it’s accepted as abandoned at face value unless the owner can prove otherwise. That’s where the risk arises. If you can prove in court that the original owner had no intent to continue its use, then have at it.
How do I revive an abandoned trademark application?
Applicant may electronically file through the Trademark Electronic Application System (TEAS) a petition to revive the abandoned application (return the application to active status) if the delay in responding the office action letter was unintentional. The form provides step-by-step instructions for filing the petition.
What do I do if my trademark registration has expired?
If you believe the trademark registration was abandoned or expired because of an error by the ODC, follow these steps: File a written request to reinstate an abandoned application. There is no fee for filing.
Is it possible to revive a dead trademark?
In some cases, it is possible to revive a dead trademark. If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment.
What is a lapsed or abandoned trademark?
Often, lapsed or abandoned trademarks is due to people failing to file a Section 8 Declaration of Continued Use. After 5 or 6 years of registering a trademark, this must be filed to let the USPTO know the trademark is still being used.