Abandoned Trademark Refiling

Register an Abandoned Trademark in the USA With Trademark Frontier

  • Expert trademark attorneys navigate the trademark process for you
  • Official IPO filling firm with 100% success rate
  • Same Day Trademark Application Filling Available
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What is an Abandoned Trademark?

If you want to bring back an old business or use its name for your new business, the original owner of the trademark may have stopped using it. To use the trademark exclusively, you must start using it again. This can be great for your business because you may get access to the previous customers of the old business, even if they were in a different area. However, you should do some research to make sure the trademark has really been abandoned before using it.

If you are a business in England, you must understand the trademark registration process before seeking to register an abandoned trade mark. If you do not complete the correct procedures, the US Intellectual Property Office (USPTO) may reject your trademark application. Contact our qualified legal consultants at Trademark Frontier to get the comprehensive details regarding Trademark Registration!

How to Claim a Dead Trademark

To request the cancellation of a trademark, you need to submit the appropriate forms and pay the fee. Your application must provide details of the periods during which you believe the trademark has not been in use. However, the owner of the trademark has the right to challenge your assertion by demonstrating that they have used the trademark in some capacity within the past five years. If they can provide evidence of such use, they can keep their registration and block any cancellation attempts.

Additionally, if the original trademark owner is unable to prove genuine usage of the trademark during the five-year period preceding the revocation application, they may still be able to present valid reasons for the mark's non-use, such as export or legal reasons. It is advisable to contact the registered trademark owner and explore the possibility of transferring or selling the mark before pursuing any legal action. Suppose you decide to go ahead with legal proceedings. In that case, it is also advisable to seek legal assistance from an intellectual property lawyer to ensure you are progressing through the process correctly. Contact Trademark Frontier to get the full assistance through a qualified legal attorney to get you through this process seamlessly.

Can a Trademark Be Revoked for Non-Use?

When a business applies for a trademark, it is assumed that they will use it to promote their goods or services and benefit from legal protection for a period of ten years. Nevertheless, if the trademark remains unused for the first five years of registration, the IPO (Intellectual Property Office) has the authority to cancel the trademark registration.

  • It is possible for anyone to request the cancellation of a trademark.
  • Trademark that has not been used for five years, can be filed for use
  • You can start from the day after the fifth anniversary of its registration.
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How Trademark Frontier Can Help

Trademark Frontier attorneys have represented a wide variety of businesses - from Amazon sellers, clothing designers, restaurants, professional service providers, and everything in between. If you need help deciding whether to register an abandoned trademark, our experienced intellectual property lawyers can assist. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents.

1

Run a comprehensive search

Give us some basic information about trademark and describe your goods and services you provide.

2

Negotiate with the owner

Before any legal proceedings, contact the registered trademark owner and discuss the possibility of transferring or selling the mark.

3

Trademark will be acquired

After complete due diligence, you will be eligible for the registration, we will prepare & refile your trademark application.

Ready to Register Your Trademark?

94% chance of successfully registering a trademark with our Diamond Package.

Our Customer's Feedback

We use a proven standardized process to minimize the chances of application rejection, saving you time and money. We’ve worked with over 8k Satisfied Business Owners.

"Trademark Frontier made the trademark filing process seamless and stress-free. Their expertise and professionalism ensured my brand’s protection. I highly recommend their services to anyone seeking trademark assistance!"

- Lainey Prescott (Creative Director, Aether Glow Studios)

"Trademark Frontier streamlined my Amazon Brand Registry application, saving me time and effort. Their team is knowledgeable and efficient, making the entire process hassle-free. Excellent service!"

- Emma Lark (Operations Lead, IronPath Ventures)

The trademark monitoring services give me peace of mind. They consistently alert me to potential infringements, ensuring my brand stays protected. A trustworthy and reliable team!

Fenella Drayton (Founder, Verdant Horizon Co.)

The team guided me step-by-step through the trademark application. Their attention to detail and clear communication were outstanding. I’m thrilled with their service and highly recommend them!

Dewey Langston (Marketing Specialist, Ironwood Strategies)

Trademark Frontier handled my Amazon Brand Registry with precision and care. Their understanding of the process is unmatched, and I’m delighted with the results. A top-notch service!

Jane Winslow (Brand Consultant, Summit Crest Designs)

Thanks to Trademark Frontier, I no longer worry about unauthorized use of my trademark. Their monitoring services are proactive and reliable. I couldn’t ask for a better partner!

Wilson Caldwell (Product Developer, Maple Harbor Solutions)

Frequently Asked Questions!

Anybody introducing a new brand identity or planning on offering newly branded services or products should take the necessary steps to protect their trademark.

The answer to this question will differ from agency to agency and based on staffing changes and enhanced technologies at the United States Patent and Trademark Office. If you’re asking us specifically, you can count on the entire application process to take from 08 to 12 months.

It can take up to 10 years. Also, the registration can easily be renewed so long as you have made sure to maintain an uninterrupted use of your trademark in interstate commerce.

If you have a federally registered trademark, you will be able to use the ® symbol. For every other mark, whether unregistered or registered, you will not be required to add a designation. However, we always advise mark owners to attach the ‘SM’ or ‘TM’ symbol to tell the industry that your company name, logo, or symbol is proprietary to your services or goods.

We always tell our clients that we aren’t ‘oddsmakers’. In other words, you get exactly what you pay for. Our teams are skilled in improving the likelihood of your success. They perform clearance to search for similar trademarks before sending out an application and picking a highly distinctive mark.

We Help Drive Your Innovations in The Fast Lane. Complete Your Trademark Registration in Just 3 Simple Steps.

Submit Your Trademark Information

Spend a couple of minutes filling out a simple questionnaire. This will initiate your registration process for your trademark.

Select Your Service & Make the Payment

Get all the details in order! Select your coveted service with Trademark Frontier & make the payment for your desired services.

Thorough Evaluation & Trademark Filing

To ensure that your trademark is completely unique, our team conducts a thorough trademark search across numerous databases and then file your trademark with USPTO.

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