How do you reinstate your trademark?
Asked by: Ms. Hilda Senger Sr. | Last update: June 25, 2026Score: 4.6/5 (71 votes)
By following certain steps, restoring a cancelled trademark may be possible in many situations.
- Petition to the Director. ...
- File a New Trademark Application. ...
- Request to Make Special. ...
- Amend the Registration.
How do I reactivate a trademark?
File a Petition to Revive with the USPTO
If your federal application or registration was abandoned due to a missed deadline, you'll need to file a Petition to Revive. Use the USPTO's online TEAS portal. The process requires: A completed petition form.
How much to reinstate a 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.
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.
How to restore a trademark?
The applicant must:
- File Form TM13 with the IPO.
- Pay a restoration application fee, along with the usual fee for the first class and additional fees for each subsequent class.
How to Revive an Abandoned Trademark (USPTO Step-by-Step Guide)
How much should it cost to renew a trademark?
For example, every 10 years, regardless of the underlying basis of the registration, you must submit a declaration of use or excusable nonuse and an application for renewal. 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 a cancelled trademark be revived?
If a trademark lapses due to a missed filing deadline or technical error, the original owner may be able to revive it within a limited timeframe by: Filing a formal petition. Paying late renewal or reinstatement fees. Demonstrating that the lapse was unintentional.
Can I renew my trademark without an attorney?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
How long does it take to get a trademark back?
If no objections come up and all issues are resolved, the USPTO moves to register your mark. You'll receive a registration certificate, usually 8 to 12 months after you first filed. That timeline assumes a smooth process. If you had to respond to Office Actions or handle opposition, things take longer.
Is trademarking a logo worth it?
It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.
Can I renew my trademark myself?
Can I renew a trademark myself? Usually, it's possible to renew your trademark without a lawyer in the country of your residence, however, if you have a mark registered abroad, you normally have to hire an attorney to renew it.
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.
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.
What is the time limit for trademark renewal?
It states that a trademark is registered for ten years and must be renewed to stay protected. Owners can renew by filing Form TM-R and paying a fee before the expiry date, with a six-month grace period if they miss it.
Can I buy a trademark if it expired?
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 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: ...
What happens when you don't renew your trademark?
If you miss the 10-year renewal, the registration is canceled, and you must start over. Once a trademark expires, time matters. The longer you wait, the greater the risk that someone else claims or registers your mark.
How do I renew a trade mark?
Renewing your trademark can be done independently online. If your trademark expired over six months ago, you may need to make your application via post. You have a period of 12 months within which you can renew your trademark, covering the six-month period before its expiry and then the six months following its expiry.
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.
What happens if a trademark is cancelled?
Cancellation occurs when an existing trademark is challenged and removed from the USPTO register. This can happen for various reasons, such as non-use, fraud, or likelihood of confusion. Once a trademark is canceled, it loses its legal protection.
Did Taylor Swift trademark her name?
Swift has also successfully trademarked various elements of her brand, including her own name, her stage name, iconic phrases like "this sick beat" and "nice to meet you, where you been?", and even her cats' names, Meredith and Olivia.
Why was my trademark cancelled?
Non-Use: If a trademark hasn't been used in commerce for a continuous period (usually three years in the U.S.), it may be grounds for cancellation. Genericness: If a trademark has become a generic term for the goods or services it represents (e.g., “aspirin” once was a brand name), it can lose its trademark protection.
Can you renew a trademark online?
Trademark Sections 8 and 9 renewals are submitted electronically via the USPTO's Trademark Electronic Application System (TEAS) through the USPTO.gov website. The trademark owner (or their attorney) must log in with a USPTO.gov account and access the appropriate form.
Which one is better, TM or R?
You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.
What is the rule 47 of the trademark law?
Section 47 of Trademark Act helps remove registered trademarks that owners don't use in business. Section 47 ensures trademark rights depend on active use and not just registration.