Can I buy a trademark if it expired?
Asked by: Miss Brenna Collins PhD | Last update: July 4, 2026Score: 4.8/5 (5 votes)
You cannot directly "buy" an expired trademark as a registered asset, but you can adopt and register it yourself, provided the original owner is no longer using it in commerce. An expired or dead registration means the trademark protections are removed from the USPTO database, but "common law" rights can persist if the original owner still uses the mark.
Can you purchase an expired trademark?
No, you can't actually buy expired trademarks like purchasing a physical asset. 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.
What happens if a trademark expires?
When a trademark expires, the owner loses exclusive rights and federal protection for their brand, allowing competitors to potentially use or register the mark. The mark becomes "dead" in the USPTO database, making it harder to sue for infringement and reducing brand value. While a six-month grace period exists to renew with fees, failure to do so requires a new application.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has extensively trademarked her name, "Taylor Swift," along with her signature, initials, album titles, lyrics, and phrases, primarily through her company TAS Rights Management, LLC. She first applied to trademark her name in 2007, with registrations dating back to 2008 covering music, merchandise, and live performances.
What is the rule 37 for trademark?
- 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 application or any amendment of his application: ...
Buying a Dead or Expired Trademark | QOTD
Which is better, TM or R?
When you see trademarks next to brand names or logos, you often see one of two trademark symbols, an R or a ™. Each letter represents the type of legal rights the mark is protected by. A mark followed by a TM (™) indicates a common law trademark, while R (®) represents the more formal registered trademark.
What are the four types of trademarks?
Trademarks are categorized by their distinctiveness and strength, ranging from strongest to weakest: fanciful/arbitrary (unique or unrelated), suggestive (implies quality), descriptive (identifies characteristics), and generic (common names). These categories determine a mark's ability to be registered with the USPTO and enforced against competitors.
How expensive is trademarking a name?
The cost for a federal trademark with the USPTO typically starts at $350 per class of goods or services. This investment secures your brand's name across the country, which is a vital step for growing businesses. Let's look closer at what it means to trademark a name and the benefits it provides.
Is McDonald's R or Tm?
TM Symbol Copy
It means the McDonald's company logo is a registered trademark and protected under the law.
Is Beyoncé's name trademarked?
Yes, Beyoncé is heavily trademarked. BGK Trademark Holdings, LLC owns multiple registered trademarks for the name "BEYONCÉ," covering entertainment services, clothing, and merchandise. She has held these active registrations since 2004, and they are regularly renewed to protect her brand from unauthorized use.
How to reinstate an expired trademark?
To revive a dead trademark in the United States, your options depend on how it died. If you missed a deadline, file a Petition to Revive at the USPTO within two to six months of the abandonment notice. If too much time has passed, your best path is to file a new application.
Is it better to trademark or LLC?
An LLC will help to protect your personal assets if your business is sued, while a trademark will prevent others from using your brand identity without permission. By ensuring that you have both types of protection in place, you can help to safeguard your business against legal challenges and competitors.
How many times can you renew a trademark?
Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years. The mark may be renewed every five (5) years as long as the mark is in continual use.
Can you renew a trademark after it expires?
Federal law provides that each registration may be renewed for successive 10-year periods by filing a renewal application within the year before the expiration of the current ten-year term, or within a six-month grace period after expiration.
Is it better to get a TM or a copyright?
One is not better than the other, as each has its own distinct purpose. In short, copyrights are for creative works, while trademarks are for names, slogans, and symbols associated with a brand. Therefore, in some cases, you may need both to protect your business' branding and its creations.
Can I do a trademark by myself?
Yes, you can trademark your name, nickname, signature, or likeness (image) if it is used to identify and distinguish your services or products from others. You cannot trademark your entire persona or "self" in a general sense, but you can protect specific branding elements—like a stage name or logo—used in commerce.
What is the most famous trademark?
The most famous trademarks are globally recognized symbols and names, including Coca-Cola, Apple, Nike, Google, and McDonald's, which possess immense brand loyalty and high public awareness across cultures. These marks are legally distinct for their iconic logos, unique slogans, or consistent branding over decades.
Why did McDonald's lose Big Mac trademark?
It found that McDonald's had failed to prove genuine use of the BIG MAC trademark, as most of the evidence provided by McDonald's concerned only the marketing and packaging of the BIG MAC sandwich (there was no reliable evidence of sales and turnover figures and that BIG MAC was actually offered for sale).
Is the TM or R on Coca-Cola?
Logo history
In 1941, Coca-Cola settled on the definitive form of its script logo. The trade mark information was also taken out of the logo and going forward this was written underneath the mark. Eventually, this took the form of an 'R' at the end of the logo.
What names cannot be trademarked?
Non-trademarked names, or generic terms, are words that define a product or service category rather than a specific brand. Examples include "computer," "pizza," "coffee," or "bank". Unlike brand names, these cannot be exclusively owned because they are essential for public communication and competition.
What's the cheapest way to get a trademark?
The cheapest way to trademark a name is to file directly through the USPTO’s Trademark Electronic Application System (TEAS) yourself—known as "pro se" filing—using the TEAS Plus option, which costs $250 per class of goods or services. This method eliminates attorney fees and intermediary service costs, but requires you to select from pre-approved identifications of goods/services.
What are common trademark mistakes?
Failure to Consider Potential Scope of Use
A company often fails to consider the scope of use of the mark. The initial plan may be to use a proposed mark in connection with only one or a few products. But as the brand develops there may be a desire to expand the use to related or even unrelated products and services.
What makes a trademark weak?
Descriptive Terms: Weak trademarks use common words that directly describe the product or service they represent. This lack of distinctiveness makes them challenging to enforce against potential infringers.
What is a Class 43 and 44 trademark?
Class 43. Services for providing food and drink; temporary accommodation. Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Can I trademark my personal name?
Yes, you can trademark your name, but only if you use it in business as a brand to sell goods or services. You cannot trademark a personal name just for everyday, non-commercial use.