Can I Trademark a Dead Trademark?
You can trademark something that has been classified as a dead or abandoned trademark provided the original owner is no longer using it.
For those who don’t know, a dead trademark is a trademark that was abandoned by the owner during the filing process. Maybe the owner didn’t follow through with the necessary steps required by the United States Patent and Trademark Office (USPTO), maybe it was opposed by a third party and denied registration, or maybe the owner just forgot to renew its trademark. In these situations you’ll want to be especially careful in pursuing such a trademark because the trademark may still be in use by the original owner even though it is now classified as a dead trademark—meaning a thorough clearance search is incredibly important here.
Now, if you’re the original owner of the dead trademark and you want to revive a trademark that is now classified as dead, you are going to have to jump through a lot of hoops. Most importantly, you’re going to need to prove you responded each and every one of the USPTO’s requests prior to their determination the mark was abandoned. If you’re unable to do so, you’ll have to start the registration process all over again from the beginning.
If you are interested in trying to revive a dead trademark or register a mark that is the same or substantially similar to a dead trademark, contact us today to speak with trademark attorney Eric Norton to discuss the most efficient way to navigate through the USPTO’s revival and registration processes.