Can I purchase an abandoned trademark?
Asked by: Eugene Turcotte | Last update: February 24, 2026Score: 4.2/5 (19 votes)
Yes, you can often acquire or use a "dead" trademark, but it's complex: you can't directly buy it from the USPTO database (as it's just a status), but you can contact the original owner to purchase their rights or file your own application to claim abandonment if unused, though risks exist if the owner still has common law rights or uses it sporadically. Due diligence, including clearance searches for current usage and consulting a trademark attorney, is crucial before investing, as a seemingly dead mark might still block you.
How to buy 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.
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.
What to do when a trademark is abandoned?
To revive an abandoned trademark, you must file a petition to revive with the USPTO, explaining the delay and paying required fees. This process typically involves submitting a statement of use or renewal application depending on the trademark status. Timely and accurate filings are crucial to avoid rejection.
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 Do I Claim an Abandoned Trademark?
Can you buy old trademarks?
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. The risk comes from the Lanham Act.
How to activate an abandoned trademark?
You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional. You must file the petition no later than two (2) months from the mailing date of the Notice of Abandonment.
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 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.
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.
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).
Can you buy a trademark off someone?
Intellectual property is still property, whose worth is a combination of its scope and location. When it comes to actually buying the mark, you have options. You can pay to have the owner assign the trademark to you and own it outright, or you can license some or all of the rights.
Can I use a dead abandoned trademark?
When a trademark is “dead,” it means that anyone can use it without fear of legal repercussions from the original trademark owner. A Dead Trademark is generally available for anyone else to register, making it an opportunity to take ownership of an old, inactive logo or phrase.
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 does a 20 year patent cost?
A 20-year patent in the U.S. typically costs between $15,000 to $30,000 or more over its lifespan, with basic utility patents starting around $10,000-$20,000, influenced by complexity, attorney fees, and crucial maintenance fees due at 3.5, 7.5, and 11.5 years. Costs cover USPTO fees (filing, issue, maintenance), attorney fees for drafting and prosecution (responses to office actions), and can significantly increase for complex inventions or international protection.
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 usually 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.
Why are trademarks abandoned?
While mere non-use of a trademark for few years does not constitute abandonment, abandonment may occur when specific regulatory requirements are unmet, such as failing to comply with office actions or missing renewal deadlines.
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 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.
Is it better to get a TM or a copyright?
Neither trademark (TM) nor copyright is inherently "better"; they protect different things, so the best choice depends on what you're shielding: trademarks protect brand identifiers (logos, names, slogans) for infinite duration with use, preventing consumer confusion, while copyrights protect original creative works (books, art, music, code) for life plus 70 years, preventing unauthorized copying. Often, you need both, like a trademark for your company logo and copyright for the artwork within that logo, to fully protect your brand and creative assets.
What is the difference between abandonment and withdrawal?
Think of it this way: withdrawing your application is like resigning from a job on your own terms, whereas having your application abandoned or refused is like being fired. Clearly, resigning is a better option. This keeps the end of your application process clean and intentional.
Can I take over an abandoned patent?
If the inventor confirms that they do not intend to pursue their patent, then it is likely considered abandoned and you can attempt to use it. However, doing so without permission or proper documentation may still present a risk of infringement suits, so it's important to proceed with caution.
Can you claim a trademark without registering?
The statute has strict rules and regulations regarding trademark protection. However, the law does not require registration as a requirement to obtain legal rights. Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C.