Can I buy a dead trademark?
Asked by: Jacynthe Schinner IV | Last update: January 28, 2026Score: 4.1/5 (35 votes)
You cannot directly "buy" a dead trademark in the same way you would buy physical property because an expired registration effectively means the previous owner no longer has exclusive rights to sell. Instead, a dead trademark becomes available for you to apply for and register as a new mark, provided you can demonstrate use in commerce and clear potential legal hurdles.
Can I buy an expired trademark?
When a trademark expires, it doesn't become property you can purchase from the previous owner. Instead, expired trademarks become available for new registration through the standard application process.
Can you take over an abandoned trademark?
Once a trademark is truly abandoned, the original owner usually cannot get it back. They have only two months after the USPTO declares the trademark abandoned to file a petition to revive it, or up to six months if they can prove they never received the abandonment notice.
How to obtain an abandoned trademark?
File a Trademark Application at the USPTO.
After assessing the viability of the abandoned trademark, the next step is to file a trademark application. The application must be filed at the United States Patent and Trademark Office (USPTO) to receive a federal registration in the US.
Why would a trademark be dead?
A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.
Buying a Dead or Expired Trademark | QOTD
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 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.
Can you buy a trademark off someone?
Yes, you can buy a trademark. The law treats trademarks like any other physical property; they can be bought, sold, licensed, and even mortgaged!
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.
How long until a trademark is abandoned?
Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark.
Can I buy an abandoned patent?
Expired or abandoned patents may be available for public use, but due diligence is essential to avoid legal pitfalls. The USPTO and third-party databases can help identify expired patents and assess their status. Legal assistance is recommended when drafting or reviewing purchase agreements or reassignment filings.
Can I transfer ownership of a trademark?
Trademarks like any asset can be transferred from one owner to another. Such transfers can take place in the form of an assignment, merger, or amalgamation.
What is an example of an abandoned trademark?
As a result, the trademark may be considered abandoned. Example 2: A popular brand of adhesive bandages becomes known as "Band-Aid" to the public, and the owner fails to take action to protect the trademark. Over time, "Band-Aid" may be deemed a generic term, leading to abandonment (hypothetical example).
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.
How much does a trademark cost?
A federal trademark costs a base fee of $350 per class to the USPTO, plus potential surcharges for complex applications (like using free-form text), totaling around $350–$850 for basic filings, but can increase significantly with attorney fees (often $1,000+) and ongoing maintenance fees (e.g., $225-$525 every 5-10 years). Costs vary based on filing method (TEAS), the number of goods/services classes, and if you hire a lawyer.
How do I legally own a logo?
To obtain trademark protection in the United States, you must register your company's logo with the U.S. Patent and Trademark Office (USPTO). To achieve registration, your logo must be distinctive in design.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
Can I use an abandoned trademark?
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.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
How to purchase an abandoned trademark?
Answer: In order to claim an abandoned trademark, you must follow the registration process from the beginning and submit your own application for the trademark. However, it's important to carefully evaluate the trademark and consider why the last applicant allowed it to abandon.
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.
How much is my trademark worth?
By looking at the sale of similar trademarks in your industry, trademark valuation firms can estimate how much your trademark might be worth. This is often used when the trademark is tied to a tangible product or service that has been sold.
How to reclaim 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.
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.
Is it better to have a copyright or trademark?
Neither copyright nor trademark is inherently "better"; they protect different things: Copyright guards original creative works (books, music, art) for a long time, while a Trademark protects brand identifiers (names, logos, slogans) used in commerce and lasts indefinitely as long as used and renewed. For businesses, trademarks are often more critical for brand recognition, but many assets (like a logo) benefit from both, with copyright protecting the artistic design and trademark protecting its use in commerce.