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What is an Abandoned Trademark?

If you want to bring back an old business or use its name for your new business, the original owner of the trademark may have stopped using it. To use the trademark exclusively, you must start using it again. This can be great for your business because you may get access to the previous customers of the old business, even if they were in a different area. However, you should do some research to make sure the trademark has really been abandoned before using it.

If you are a business in England, you must understand the trademark registration process before seeking to register an abandoned trade mark. If you do not complete the correct procedures, the US Intellectual Property Office (USPTO) may reject your trademark application. Contact our qualified legal consultants at Trademark Regent to get the comprehensive details regarding Trademark Registration!

Can a Trademark Be Revoked for Non-Use?

When a business applies for a trademark, it is assumed that they will use it to promote their goods or services and benefit from legal protection for a period of ten years. Nevertheless, if the trademark remains unused for the first five years of registration, the IPO (Intellectual Property Office) has the authority to cancel the trademark registration.

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  • It is possible for anyone to request the cancellation of a trademark.
  • Trademark that has not been used for five years, can be filed for use
  • You can start from the day after the fifth anniversary of its registration.

How to Claim a Dead Trademark

To request the cancellation of a trademark, you need to submit the appropriate forms and pay the fee. Your application must provide details of the periods during which you believe the trademark has not been in use. However, the owner of the trademark has the right to challenge your assertion by demonstrating that they have used the trademark in some capacity within the past five years. If they can provide evidence of such use, they can keep their registration and block any cancellation attempts.

Additionally, if the original trademark owner is unable to prove genuine usage of the trademark during the five-year period preceding the revocation application, they may still be able to present valid reasons for the mark's non-use, such as export or legal reasons. It is advisable to contact the registered trademark owner and explore the possibility of transferring or selling the mark before pursuing any legal action. Suppose you decide to go ahead with legal proceedings. In that case, it is also advisable to seek legal assistance from an intellectual property lawyer to ensure you are progressing through the process correctly. Contact Trademark Regent to get the full assistance through a qualified legal attorney to get you through this process seamlessly.

How Trademark Regent Can Help

Trademark Regent attorneys have represented a wide variety of businesses - from Amazon sellers, clothing designers, restaurants, professional service providers, and everything in between. If you need help deciding whether to register an abandoned trademark, our experienced intellectual property lawyers can assist. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents.

01

Run a comprehensive search

Give us some basic information about trademark and describe your goods and services you provide.

02

Negotiate with the owner

Before any legal proceedings, contact the registered trademark owner and discuss the possibility of transferring or selling the mark.

03

Trademark will be acquired

After complete due diligence, you will be eligible for the registration, we will prepare & refile your trademark application.

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Frequently Asked Questions!

There are various reasons why a trademark owner may abandon their trademark, such as the business closing down or changing their brand name.
An abandoned trademark service is a service that helps individuals and businesses identify and acquire abandoned trademarks for their own use.
An abandoned trademark service typically searches trademark databases for abandoned trademarks that may be of interest to their clients. They then provide advice on how to acquire the trademark and file the necessary paperwork to do so.
Using an abandoned trademark service can help businesses acquire trademarks that may not be available through traditional registration methods. This can provide a competitive advantage and help protect their brand.
The length of time it takes to acquire an abandoned trademark depends on various factors, such as the complexity of the application and the backlog at the trademark office.
Acquiring an abandoned trademark can be risky if the trademark was abandoned due to legal issues or other problems. It is important to conduct due diligence and consult with a legal professional before acquiring an abandoned trademark.
No, an abandoned trademark service is not the same as a trademark registration service. A trademark registration service helps businesses register their trademark, while an abandoned trademark service helps businesses acquire abandoned trademarks.
The cost of using an abandoned trademark service varies depending on the complexity of the application. It is important to get a quote from Trademark Regent before proceeding.
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