Can you buy an abandoned trademark?
Asked by: Janice Walter IV | Last update: March 20, 2026Score: 4.8/5 (47 votes)
Yes, you can acquire rights to an abandoned trademark, but you can't just "buy" the dead registration; you often have to re-establish rights by proving you're using it in commerce, effectively creating new common law rights or filing a new application, but you must ensure the original owner truly abandoned it and there's no existing conflicting use or prior claims, which requires legal due diligence to avoid infringement, notes LegalZoom, ZenBusiness, and Cor-Search.
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 does it mean if a trademark has been 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.
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 to reactivate 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.
How Do I Claim an Abandoned Trademark?
Can I purchase 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.
What to do when a trademark is abandoned?
In limited situations, you may be entitled to reinstatement without a fee if you can provide evidence that your application was abandoned due to a USPTO error. File a Request for Reinstatement form. File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment.
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.
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 is a 1 patent?
A patent can cost anywhere from a few thousand dollars to over $25,000, with total expenses depending on invention complexity, patent type (utility vs. design), and if you use a patent attorney, whose fees often range from $5,000 to $10,000+ for preparation and filing, plus additional USPTO fees for applications, searches, and maintenance. For a basic design patent, costs might stay under $3,000-$3,500, while a complex utility patent can easily reach $20,000-$35,000 or more with all fees and attorney involvement.
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.
Can you buy someone's trademark?
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 is the abandonment law for trademarks?
The Legal Standard for Abandonment
The key standard: if you haven't used your trademark in commerce for three consecutive years, and there's no clear plan to resume, the law presumes you abandoned it. Intent matters just as much as action.
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).
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.
Can I use 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.
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 names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
Can I put a trademark under my LLC?
If you have an LLC, it's definitely possible to trademark your business name, and it's often a great idea! While registering your business as an LLC keeps other businesses in your state from using your business name, you can more fully protect your brand from copycats by registering a trademark.
How much does a trademark usually cost?
A US trademark filing costs a base of $350 per class of goods/services with the United States Patent and Trademark Office (USPTO), but total costs vary widely, from a few hundred dollars for simple filings to thousands with attorney fees, handling office actions, or international filings, plus ongoing renewal fees after 5-10 years. Extra USPTO fees apply for using free-form text, specific application types (TEAS Plus), or if the application needs more work (Office Actions).
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
How to check if a trademark is still active?
Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
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 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.
How much does a petition to revive an abandoned trademark application cost?
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.