Owners may unintentionally abandon their trademarks for various reasons. Although it might seem like an abandoned trademark is unsalvageable, the United States Patent and Trademark Office (USPTO) allows applicants to “revive” both applications and the trademarks themselves. Online research can provide a few basic insights on how to revive an abandoned trademark, but applicants may benefit more from the direct advice of an experienced IP attorney. Choose The Grabbe Law Office to handle an abandoned trademark with confidence and efficiency. Book a consultation today by following this link. 

What Is an Abandoned Trademark?

An abandoned trademark is one that is no longer in use. If a trademark holder fails to use their trademark in commerce, it is automatically considered abandoned by the USPTO. That being said, a certain amount of time must pass before a trademark becomes abandoned. According to the USPTO, three consecutive years must pass. Even if an applicant uses the trademark once during this three-year period, the time limit “resets” from that moment. Other requirements include the lack of intent to continue using the trademark. If three years pass, then the USPTO enforces a legal presumption that the trademark owner has no intent to resume use. Once a trademark becomes abandoned, the owner loses all intellectual property rights associated with that mark. 

Why Should I Revive an Abandoned Trademark?

The obvious reason to revive an abandoned trademark is the resumption of commerce. A trademark holder may take a break from business activities for three years before returning to a previous project. The logical step is to revive the trademark in order to ensure continued intellectual property rights. 

Trademark disputes may also cause owners to revive their trademarks. A different company might wish to use the abandoned trademark, and it may attempt to establish that the mark is no longer in use. However, the original owner of the mark may not want to relinquish their intellectual property rights – especially if the other company is a competitor. In this case, there is a clear incentive to revive the trademark and maintain intellectual property rights. 

Abandoned Trademarks vs. Abandoned Applications

Abandoned trademarks are not the same as abandoned trademark applications. This often leads to considerable confusion for those navigating intellectual property laws for the first time. An abandoned trademark application is incomplete, and it is usually associated with missed deadlines. According to the USPTO, they may consider an application “abandoned” under various circumstances:

• A missed deadline for responding to an office action

• A missed deadline for filing a Statement of Use

• A missed deadline for responding to a partial refusal

• An incomplete response to an office action

• USPTO errors

• The application has been inactive for more than six months

Applicants can petition to revive their abandoned applications. If the petition is granted, the application process continues as normal. Note that the revival process for a trademark is different compared to the revival process for an application. 

Can I Revive a Trademark That Was Never Mine?

Once an owner abandons their trademark, they lose all federal intellectual rights associated with that mark. As a result, anyone can step in and register the mark as their own. Both small-scale entrepreneurs and larger companies can take advantage of abandoned marks to further their own branding or marketing strategies. The process for taking ownership of a dead or abandoned trademark may be identical to filing a new application for a trademark that has never been registered. The Grabbe Law Office can help with this process. 

In some cases, the trademark will still be listed as “live” on the register – despite its abandonment. If this is the case, applicants will first need to initiate a trademark cancellation to officially revoke the rights of the previous owner. The owner has the right to respond to the petition, and they may attempt to fight for the continued use of their mark. If a trademark has not been used for a significant period of time, applicants are less likely to face opposition during this cancellation process. Often, businesses abandon trademarks because of bankruptcy, changing product trends, and similar issues. 

How Do I Revive My Abandoned Trademark?

If an applicant wishes to revive their own abandoned trademark, there are various possibilities to consider. One of the most common reasons for an abandoned trademark is a missed renewal deadline. There are many forms to keep track of when maintaining a live trademark, and it is all too easy to miss their respective deadlines. For example, the USPTO requires trademark owners to file Declarations of Use approximately five years after registration. This document shows that the trademark is still in use. In addition, owners must file another Declaration of Use and an Application for Renewal about 10 years after registration. After this filing, owners must file the same documents in 10-year intervals. 

Within a six-month window of the filing deadline, trademark owners can revive abandoned trademarks relatively easily. This is because the USPTO gives users a six-month “grace period” to file their renewal documents. Aside from a few additional fees and complexities, lateness within six months should not pose a major issue. If more than six months pass, the trademark owner may need to file a completely new trademark application. Although a new application can secure the same trademark rights, there is always the chance that someone else filed an earlier application for the same mark. This could potentially cause an owner to lose their intellectual property rights, and it highlights the need to act quickly when dealing with an abandoned trademark. 

How to Defend a Trademark Cancellation

Owners may also keep their trademarks alive by defending cancellation petitions from other parties. If the owner successfully defends their intellectual property rights, they can prevent others from using the mark. If the petitioner argues that the trademark has been abandoned, the owner may respond by showing records of continued use. They may also swear under oath that they intend to continue using the trademark. 

Contact The Grabbe Law Office Today

Reviving an abandoned trademark may be much easier than many applicants realize. However, it is all too easy to make simple mistakes during this process. An experienced IP attorney can help applicants streamline the revival process, ensuring intellectual property rights and continued business success. Reach out to The Grabbe Law Office today to learn more about the next steps. Book a consultation today by filling out a quick online form.