Quick Answer: Can A Dead Trademark Be Used?

What happens when a trademark expires?

Fortunately, the USPTO offers a six-month grace period, before the mark is considered abandoned.

They wait an additional two months after that before they officially post notice of its abandonment.

If you let your trademark expire, you leave it open for another company or user to register and use it..

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.

What happens to a trademark when the owner dies?

What happens if the trademark owner dies without him assigning the trademark to another entity? Of course, the trademark dies with him. On the other hand, if there exists a will in which he left his assets, including the trademark to a particular individual, then the trademark is transferred to the individual.

How do I get a dead trademark?

A canceled trademark is no longer part of the registration process, therefore the USPTO allows to issue an office action through an attorney. The original applicant can submit a petition to revive as long as the first failed application was unintentional.

What Cannot be used as a trademark?

A trademark which shows kind or quality A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.

Can a dead Trademark be revived?

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

A copyrighted work does not become public domain when its owner dies. … Copyright is treated no differently than other property. So ownership in a copyright can be passed to an heir or to a third party via a will.

Who should own a trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

How much does it cost to trademark?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $275 per class. Therefore, for a single class application the total cost of the process will be $1225.

Can I take a dead trademark?

“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.