How do you take over an abandoned trademark?
Asked by: Mr. Brett Padberg | Last update: May 8, 2026Score: 4.8/5 (14 votes)
To "take over" an abandoned trademark, you generally can't just claim it; you must file a new trademark application or, if you were the original owner, file a Petition to Revive, both requiring you to conduct a clearance search, prove your use (or intent to use) the mark in commerce, and pay fees, treating it as a new brand rather than a continuation of the old one, ensuring no one else has recently claimed it.
How to take over an abandoned trademark?
Yes, in many cases, an abandoned trademark application can be revived by filing a Petition to Revive if the abandonment was unintentional. The petition must explain the reason for missing the deadline and include the appropriate filing fee.
Can you use a trademark that has been abandoned?
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 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 long do you have to revive an abandoned trademark?
If you never received the Notice of Abandonment, you must file the petition within two (2) months of your actual knowledge of the abandonment and no later than six (6) months from the date the application status was updated to "Abandoned - Failure to Respond or Late Response."
How Do I Claim an Abandoned Trademark?
Can you buy an abandoned trademark?
Generally, a trademark needs to have been used within the last three years in order to stay protected. If the mark has been abandoned, then it becomes available to others. At this point it would be a good idea to file an intent to use application with the United States Patent and Trademark Office.
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 do I change the owner of a trademark?
This typically requires submitting a trademark assignment application that provides information about the trademark, the current owner (you), the new owner (your business entity), and the executed Assignment Agreement.
Can someone buy my trademark?
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.
What does a dead abandoned trademark mean?
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.
How much is the petition to revive abandoned trademark application fee?
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 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.
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.
What does it mean to abandon a trademark?
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.
How to take over a trademark?
Step-by-Step Guide to Trademark Assignment
- Draft a Written Assignment Agreement. ...
- Record the Assignment with the USPTO. ...
- Ensure Compliance with Goodwill Transfer. ...
- Restrictions on Intent-to-Use Applications. ...
- Check for Existing Recorded Assignments.
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
How do you transfer ownership of a trade mark?
Transferring ownership is known as a trademark assignment. To complete the change of ownership, a trademark assignment agreement must be drawn up and agreed upon between the assignor (the existing trademark owner) and the assignee (the new owner).
Can you transfer a trademark to another person?
A trademark assignment is a legal document that transfers ownership of a trademark from one party to another. This process is crucial for ensuring that the new owner has the right to use, license, and enforce the trademark.
What names cannot be trademarked?
Names that can't be trademarked are typically generic terms (like "Coffee" for coffee), merely descriptive terms (like "Best Tasting" for food) without proven consumer recognition, common surnames, geographically descriptive names, and marks that are deceptive, offensive, scandalous, or confusingly similar to existing marks, as well as official insignia or symbols. These are generally barred because they aren't unique enough to identify a single source or would hinder public use and fair competition.
Is it better to trademark a name or 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. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
Do I need a lawyer for a trademark?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
What comes first, trademark or registered?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.