Question: Can You Renew An Expired Trademark?

Can I use an expired trademark?

Unlike patents and copyrights, trademarks do not expire after a set period of time.

Trademarks will persist so long as the owner continues to use the trademark.

Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce..

How long before a trademark expires?

ten yearsIn 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 renew a trademark?

The fee for filing a combined section 8 declaration and Section 9 application for renewal is $425 per class of goods or services in the registration. A combined filing filed during the grace period must include an additional $200 fee per class of goods or services.

Do patents expire?

Patent Expiration Utility patents expire four, eight, and 12 years after issuance of the patent if the maintenance fees are not paid at these points in time. The patent actually expires at 3.5 years, 7.5 years, and 11.5 years, but there is a six-month grace period in which to pay the maintenance fee.

How do I renew a Cancelled trademark?

A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R §2.64(b). There is no fee for a request for reinstatement.

How often is the renewal of trademark registration necessary?

every 10 yearsIn other words, you can keep your trademark registered for as long as it is kept in use, but you must renew it every 10 years.

What happens if I don’t renew my trademark?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership. Not to mention there are many costs associated with re-registering.

How many times can a trademark be renewed?

Can the renewal of trademark be filed after the expiry of trademark registration? Yes, it is possible to do the trademark renewal anytime within 6 months of expiration of the expiry of the previous Trademark Registration by filing TM-12 with the prescribed late renewal fee.

How do I buy an expired 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.

Can I buy expired patents?

You can buy an expired patent by performing a patent search through the USPTO website (more on this later) and checking to see if the patent has expired. Once you find a patent that has expired and you want to buy, you can go ahead and contact the patent owner to negotiate purchasing the patent.

What happens when trademark owner dies?

In the event of an individual’s death, trademark ownership passes to the individual’s estate. If the company goes bankrupt the individual maintains the trademark rights, but if the individual goes bankrupt the trademark could be sold off in accordance with the proceedings.

Can Trademark be renewed by paying the renewal fee?

But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration.