Can a dead trademark be revived?
Asked by: Eunice Moen | Last update: February 18, 2026Score: 4.6/5 (63 votes)
Yes, you can often revive an abandoned trademark application with the USPTO, but you must act quickly by filing a "Petition to Revive" within strict deadlines (usually two months of notice or six months of abandonment date) and prove the delay was unintentional, providing the required response (like a Statement of Use or extension request) and paying fees.
Can you revive a dead trademark?
The United States Patent and Trademark Office (USPTO) "abandons" a trademark application when timely response to an Examining Attorney's office action is not received. You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional.
How long does a trademark last after death?
Unlike patents and copyrights, trademarks do not expire after a certain amount of time. However, you are required to maintain them to avoid cancellation. To ensure your mark does not lose its protection, you must continue to actively use it in commerce and file for renewal with the USPTO every ten years.
How much does it cost to revive an abandoned trademark?
Fee to revive your abandoned application
If your application is abandoned for not timely responding to an office action, for example, you may file a petition to revive your application. The cost to file is $250.
How does a trademark become dead?
In the U.S., a trademark is considered “dead” when (1) a United States Patent and Trademark Office (“USPTO”) trademark application is abandoned, or (2) a USPTO trademark registration is cancelled.
How to Revive an Abandoned Trademark (USPTO Step-by-Step Guide)
How to get a trademark back?
How you can get it back depends completely on how you lost it in the first place. Filing a Petition to Revive an Abandoned Trademark: If you unintentionally abandoned your trademark or have found a new use for it, you can file for a revival within 60 days of the Notice of Abandonment.
Does it cost money to renew a trademark?
Maintaining your registration
This has filing fees of $325 for the declaration of use plus $325 for the renewal equaling $650 per class of goods or services.
Can you use a trademark that has been abandoned?
If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs.
Are old patents worth anything?
Expired patents remain a goldmine of technical knowledge and market insights. Old patents can possess inherent value even after their exclusivity expires. They embody the progress and innovation of the past, providing invaluable knowledge and inspiration for present and future inventors.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
What not to do immediately after someone dies?
Immediately after someone dies, avoid making major financial decisions, distributing assets, canceling crucial services like utilities (until an attorney advises), or rushing significant funeral arrangements, as grief can cloud judgment; instead, focus on securing property, notifying close contacts, and seeking professional legal/financial advice to prevent costly mistakes and family conflict.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
What happens to a trademark when the owner dies?
In the absence of a specific bequest of the trademark property, it will pass with the residuary estate according to the will. If the trademark owner died intestate with no will, the trademark property will pass via the state's laws of intestate succession.
Can a lapsed patent be restored?
Under section 60 to 61 of the Indian Patents Act 1970, the lapsed patent can be restored; if it is proved by the patentee that the failure to pay fees was unintentional and pending renewal fees is paid within 18 months from the date on which the patent ceased to have effect.
How long can a trademark last if it is not abandoned by the owner?
The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks can persist so long as the owner fulfills the following requirements: Continue to use the trademark.
What patent does Elon Musk have?
Elon Musk holds patents primarily for innovations at his companies, especially Tesla, covering AI-driven autonomous driving features (like Summon), vehicle design (charging ports, Model X aspects), solar energy systems, and potentially early ideas for online business directories, though his approach to patents is complex, often releasing them for public use while companies like Tesla amass large portfolios.
Who had over 1,000 patents in his lifetime?
In his 84 years, Thomas Edison acquired a record number of 1,093 patents (singly or jointly) and was the driving force behind such innovations as the phonograph, the incandescent light bulb and one of the earliest motion picture cameras. He also created the world's first industrial research laboratory.
What happens to patents after 20 years?
A patent becomes public domain (free for use by the public) upon its expiration, which is defined as 20 years from the patent's earliest non-provisional filing date. MPEP §201.04. The 20-year patent term applies to utility and plant patents.
Can I take over a dead trademark?
It is possible to claim a trademark once it's dead. When a trademark is listed as 'dead,' it's previous 'live' status won't bar you from registration. However, you will run into problems of the original owner is still using the trademark or decides to start using it again after a period of time.
What is the grace period for trademarks?
A six-month grace period is available. So you have only 6 months if you missed, for example, a Section 8 statement of continued use of the trademark on the goods/services identified in the registration. Additional government fees will apply.
Can you lose a trademark if you don't protect it?
Yes, it is possible for you to lose legal rights if you do not respond to an opposition case, as the intellectual property office oversees the opposition process itself.
What happens if I don't renew my trademark?
Unlike copyrights and patents, trademarks don't have a fixed expiration date—but that doesn't mean they last forever. If you fail to renew on time, the United States Patent and Trademark Office (USPTO) will cancel your registration, making it available for anyone else to claim.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
How much does it cost to revive a trademark?
Petitions and Letters of Protest: The USPTO has increased fees for petitions, including the petition to revive an abandoned application, from $150 to $250. Additionally, the fee for filing a letter of protest, used to challenge pending applications, has tripled from $50 to $150.