You worked so hard on the design of your new products. You even filed a trademark to ensure that it is well protected and no one copies it. But inadvertently, you miss a deadline and your trademark falls into the “abandoned” or “dead” status. What do you do now?
Well if your trademark application has fallen into the “abandoned” or “dead status” you have two main options to revive it. But before we delve deep into these options let's first look at what causes a trademark to die.
Why do trademarks get abandoned or die?
Often trademarks are abandoned because the application did not mature to a full registration. Whether it was because the applicant simply forgot, abandoned the process or it was similar to an existing trademark.
Another reason that causes trademarks to become dead is failure to renew the trademark. Trademarks are required to be renewed before certain dates by the USPTO. Failure to renew your trademark in time could result in an abandoned trademark.
So what are your options if your trademark is dead or abandoned?
Reviving a dead trademark
In the event your trademark was abandoned you can always start the process over again by refiling the trademark. Refiling your trademark will require you to pay the processing fees again as if you are doing it for the first time.
In case anyone filed a trademark application similar to yours before you refile it then they’ll now have the senior place and they can box you out.
Most trademark applications usually give you about six months to respond to any of the correspondence you have with the trademark office. If you miss that you have two months to file the trademark revival.
A trademark revival is simply an application to say that yes, the application went abandoned but it was not intentional. You’ll be required to pay some additional fees when reviving the trademark.
However, you still have to respond to the original rejection or do everything that was required before hand when filing the application.
Therefore, if you happen to miss the deadline and you are still within the two months period within when the deadline occurred, you can pay the additional fees and get a chance to keep your trademark application going.
If your trademark is “abandoned” or “dead” you still have a chance to revive it and continue with the application process. You can always refile it or file a trademark revival if you are within 2 months of the Notice of Abandonment.
If you have any question concerning abandoned or dead trademarks, you can always reach out to us at IP Millar law. We will be happy to talk and strategize with you. Otherwise, good luck with your business.
Got a question about IP and patent law? Reach out to us here at Millar IP Law and we’ll be happy to help you out!
If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!
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