To present arguments against a substantive refusal, file a timely notice of appeal to the Trademark Trial and Appeal Board. USPTO - United States Patent and Trademark Office, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Request to show multiple versions of a trademark - granted, Petition to Director for an International Application/Registration, Petition to Director to Review Denial of Certification of International Application, Petitions to Review Denial of Certification of an International Application, Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment, Changing application information after publication, Request to Delete Section 1(b) Basis, Intent-to-Use. Work with an attorney to conduct this search, and to determine if the mark is eligible for registration. Step One: Obtain Trademark Rights and Form a New Business Entity The first step to reviving an old brand is finding out who owns the rights to the trademark, determining whether or not it's still in use, and determining what you will need to do to obtain rights to the mark. You must show clear error or abuse of discretion. If it has not been dead for long, the owner may intend to use it again and may file paperwork to revive it. Trademark Renewal Periods. However, if it has been dead for three to five years, you might be able to register it. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO. Dead and Deader (formerly known as House of the Dead 3) is a 2006 American made-for-television zombie comedy horror film directed by Patrick Dinhut. Purpose: Request review of the denialof aSection7 request to amend or correct a trademark registration. If the trademark is still active, you will not be able to use it unless you acquire the rights from the current owner. If you didn't receive a Notice of Abandonment, file within two months of learning of the abandonment and no later than six months after the abandonment date in TSDR. You must submit the petition within 60 days of the date the Notice of Abandonment was issuednot received. Changing application information after publication, Petition to Change the Filing Basis After Publication, Proof of use established for some goods partially granted, Ownership information clarified - granted, Mark amendment is material alteration denied, Request to abandon affidavit of incontestability - granted, Request to abandon affidavit of incontestability granted, Amending your registration's good or services when technology evolves, Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action, Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request, Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after Notice of Allowance, Response to Petition to Revive Deficiency Letter, Electronic System for Trademark Trials and Appeals(ESTTA), PetitionforExpungement or Reexamination, USPTO implements the Trademark Modernization Act, Petition requirements for accepting a paper submission under Rule 2.147, Personal information in trademark records, Disregard express abandonment of application granted, Petition to Revive Abandoned application Failure to Respond Timely to Office Action form, Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form, Petition to Change the Filing Basis After Publication form, Response to Petition to Revive Deficiency Letter form, Petition to Revive with Request to Delete Section 1(b) Basis or to Delete Intent-to-Use Goods/Services After Notice of Allowance form, Petition to Director to Review Denial of Certification of International Application form, Petition to Director for an International Application/Registration form, Trademark Status and Document Retrieval (TSDR) system, Use the filing date of your previously denied application on your new application, Expedite your application based on a canceled registration, Expedite your application because of special circumstances that could result in you losing your trademark rights, Request permission for your drawing to show multiple versions of your trademark, Request relief in connection with an international application in which the U.S. is the office of origin using a USPTO Reference Number, Request review of the denial of certificationfor your international application, Amend your application information after approval for publication but before a Notice of Allowance has issued, Amend your application information after a Notice of Allowance has issued, Request that we restore jurisdiction to the examining attorney to review your amendment, Change a filing basis to Section 44(e) after publication, Reinstate a registration that was canceled for not responding to an office action issued for your Section 8 or 71 declaration and accept a late response, Reinstate goods or services that were canceled for not responding to an office action issued in an expungement or reexamination proceeding, Request review of a denial toamend your registrationsubmitted under Section 7, Abandon a Section 15 affidavit of incontestability, Amend the identification of your goods or services due to technology evolution, Revive an application that was abandoned because you missed the deadline for responding to an office action or suspension inquiry, Revive goods or services in a partially abandoned application, Revive an application that was abandoned because you missed the deadline for filing a Statement of Use or extension request, Revive an application and request to delete intent-to-use filing basis, Reverse a holding of abandonment because your response to an office action was incomplete, Reinstateyour application that was abandoned due to USPTO error, Respond to a deficiency letter issued for your petition to revive, Request review of a denial of your petition to revive, Request cancellation of another trademark owner's goods or services if they were registered, but never in use (expungement), Request cancellation of another trademark owner's goods or services if they were registered, but not in use by the date claimed by the registrant (reexamination), Request review of a TTAB interlocutory order, Submit a reply brief for a TTAB interlocutory order under review, Request review of decision on request for extensionof time to oppose, Request that weaccept a papersubmissionyou already filed, Request a waiver of the domicile address requirement, Request a waiver of fees for a federal government agency, A screenshot of the TEAS "Success" page or your filing receipt email from the USPTO that includes the date of receipt and a summary of your TEAS submission; or, Self-evident proof that your application met. Options and requirements for reviving your application are discussed in detail on the reviving an abandoned application page. Check trademark application status and view all documents associated with an application/registration. For example, a typographical error in the applicants entity type. Kleenex, for example, began as a specific brand of facial tissue, but has come to represent all brands of tissue over the years. Intellectual-property law is quite complicated and sometimes lacks clear standards, so any such challenge pertaining to whether or not the mark was actually abandoned by its initial owner will be a difficult process to weather. Purpose: Request that we accept a paper submission if you can't file electronically on the due date. You will have to file a petition with the United States Patent and Trademark Office (USPTO) to revive the application within two months after the Notice of Abandonment has been posted and within six months after the USPTO electronically posts that the application has been abandoned. Renewal every 10 th year thereafter for the life of the mark. When to file:File no later than two months after the issue date of your petition decision. Search recorded assignment and record ownership changes. The United States Patent and Trademark Office (USPTO) requires a Petition to Revive within two months (or sixty days) of abandonment. [4] You are not required to register your trademark with the PTO, but this type of registration provides certain advantages. Resource: Changing application information after publication, TMEP 806.04, Form: Petition to Change the Filing Basis After Publication. It is possible to claim a trademark once it's dead. We would like to know what you found helpful about this page. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,300 trademarks. After that, we'll only accept petitions to expunge if the registration is at least three, but no more than 10 years old. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. If a Petition to Revive is not possible, you can receive some limited trademark protections simply by using the trademark in the marketplace again. If you miss a deadline to reply to the USPTO, depending on the timing and facts of your situation, you may be able to revive it in a simpler way and not have to start the process over with a new application. How to Revive a Dead Trademark methods 1 Reviving Your Own Abandoned Trademark 2 Reviving Another's Abandoned Trademark 3 Reviving a Trademark that Has Become Generic or Was Improperly Licensed Other Sections Tips and Warnings Related Articles References Co-authored by Clinton M. Sandvick, JD, PhD Last Updated: August 31, 2022 References 1.Perform a trademark search This is the crucial step to determine whether the abandoned trademark is worth the risk or not. Check trademark application status and view all documents associated with an application/registration. Purpose: Request that we amend your registered good or service to a good or service that is fundamentally the same but has evolved due to changes in technology. Failing to meet those deadlines will also result in a dead trademark. Fees. One of the first steps that should be taken when restoring a cancelled trademark is to file a petition to the director to revive the trademarks. Thanks to all authors for creating a page that has been read 31,918 times. Your statement and evidence must show that your situation is extraordinary and that no other party will be harmed. USPTO - United States Patent and Trademark Office, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Trademark Status and Document Retrieval (TSDR)system, Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action form, Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form, Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after NOA form, Substantial compliance with requirement granted, No clear error or abuse of discretion denied, No clear error, abuse of discretion, or substantial compliance denied, Response to Petition to Revive Deficiency Letter form, A statement that the delay in responding was unintentional, signed by someone with first-hand knowledge of the facts, A statement indicating whether you received the office action, If you did not receive the office action, it will be reissued with a new response period if the petition is granted. In order to restore your full trademark protections, you will need to begin the process to register your trademark again. Purpose: Requestto abandon a Section 15 affidavit or the Section 15 portion of your combined declaration of use or excusable nonuse and affidavit of incontestability(Section 8 and 15, or Section 71 and 15). If you didn't receive the Notice of Abandonment, file your petition within two months of learning of the abandonment and no later than six months after the abandonment date in TSDR. Remember, your personal information becomes public in Trademark systems. For those looking to revive someone elses dead trademark, you may be able to do so if the original owner is no longer using the mark in commerce. If your own trademark has fallen into dead or abandoned status, you may be able to file a petition to revive it. There is a chance that the owner will revive the trademark or claim "common law" trademark rights, so it is best to consult with an attorney before attempting to file for a "dead" trademark.. Form: Petition to CancelIn the Electronic System for Trademark Trials and Appeals(ESTTA), choose "Petition for Cancellation" in the dropdown menu under "File a new proceeding.. Purpose: Request that we accept apapersubmissionyou alreadyfiled. You can preview the forms without logging in on our form previews page. Help File Missing: The help file you have requested is missing. When to file:File any time after registration in most situations. There are three ways that a trademark could wind up dead. You can only claim once that you didn't receive a particular office action. Copyright 2023 Gerben Perrott PLLC. Read more about the condition New: A brand-new, unused, unopened, undamaged item in its original packaging (where packaging is applicable). File a patent application online with EFS-web, Single interface replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with Patent Center and Private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. This stems from the policy behind trademark law, in that the law only will protect trademarks that are actually being used in the course of business. A petition could be filed if someone feels it is confusingly similar to their own mark. Opinion by Marek Warszawski: "Water from swollen Sierra rivers and creeks is already making its way toward the historic lake bed." When to file:File any time during the trademark process. This petition should include your paper submission and all necessary fees. Register your mark with the federal government. For more information about trademark examination, see the Trademark Manual of Examining Procedure (TMEP), or contact the Trademark Assistance Center (TAC) at 800-786-9199 (toll-free) or 571-272-9250 (local). The contents of this blog are for informational purposes only and may not be relied on as legal advice. When to file: File on the submission due date. Provides new rules for reinstating applications and registrations. Once you have reestablished your ownership of a trademark with the USPTO, it is valid in perpetuity so long as you (1) continue to use the trademark in commerce and (2) make sure to timely file the necessary maintenance documents required by the USPTO. The rule in brief. For other assistance, please see our contact us page. Form: Request to Delete Section 1(b) Basis, Intent-to-Use. You must rely on an alternative, previously claimed filing basis that also supports your goods and services. How can you revive a canceled trademark registration? Learn about our current legislative initiatives. Yes, if the Dead Trademark is the subject of an unsuccessful application you can file a petition with the United States Patent and Trademark Office (USPTO) can help to reinstate your . This includes conducting a comprehensive trademark search and filing an application with the USPTO. Purpose: Request review of the denial of your petition to revive. The opportunity to revive a trademark is an exception and is not often allowed. Resource: USPTO implements the Trademark Modernization Act. When to file: File no later than six months after the issue date of the office action refusing your amendment. Packaging should be the same as what is found in a retail store, unless the item is handmade or was packaged by the manufacturer in non-retail packaging . ATTORNEY ADVERTISING, learn how to respond to a Notice of Abandonment in detail. Find out how to protect intellectual property in other countries. 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