How much does it cost to revive a trademark?

Asked by: Gina Rosenbaum  |  Last update: February 25, 2026
Score: 4.5/5 (44 votes)

Reviving an abandoned trademark application with the USPTO currently costs a $250 Petition to Revive fee, plus any outstanding maintenance fees (like a $325 Section 8 Declaration or $325 Renewal) and potential extension fees, all per class, requiring a showing of unintentional delay and a complete response to any prior office actions. The primary cost is the $250 USPTO fee, but you must also address what caused the abandonment to get it back on track, notes Butzel Long and JD Supra.

How much does it cost to revive a trademark application?

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.

Can a dead trademark be revived?

The United States Patent and Trademark Office (USPTO) "abandons" a trademark application when timely response to an Examining Attorney's office action is not received. You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional.

Does it cost money to renew a trademark?

Maintaining your registration

This has filing fees of $325 for the declaration of use plus $325 for the renewal equaling $650 per class of goods or services.

How long does it take to revive a trademark?

Time is not on your side. The USPTO allows you to petition to revive an abandoned application within two months of receiving a notice of abandonment. If you missed a deadline without realizing it, you might still be within the six-month window for certain filings.

How to Revive an Abandoned Trademark (USPTO Step-by-Step Guide)

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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.

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.

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.

What is the fee for trademark renewal?

The official fee for trademark renewal in India is INR 9000/- for filing application for trademark renewal in one class. The official fee for filing trademark renewal with surcharge is INR 4500/- (surcharge) plus the trademark renewal fee.

How much does a 20 year patent cost?

The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

Can I buy a dead 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.

How do you reinstate your trademark?

SPECIAL FORM INSTRUCTIONS FOR A REQUEST FOR REINSTATEMENT: You must: (1) submit a clear statement explaining why you are entitled to reinstatement; and (2) attach proof that the application abandoned due to USPTO error.

Can a lapsed patent be restored?

Under section 60 to 61 of the Indian Patents Act 1970, the lapsed patent can be restored; if it is proved by the patentee that the failure to pay fees was unintentional and pending renewal fees is paid within 18 months from the date on which the patent ceased to have effect.

Can you renew a dead trademark?

When a trademark is listed as abandoned during the registration process, it's possible to file a Petition to Revive. If your Office Action response, Statement of Use or Extension to File a Statement of Use isn't received in a timely manner, the revival petition is your main recourse.

What names cannot be trademarked?

What Words Cannot Be Trademarked?

  • Generic Terms. (Example: “Coffee” for a coffee shop) ...
  • Descriptive Terms Without Distinctiveness. (Example: “Best Miami Plumber”) ...
  • Geographically Descriptive Names. (Example: “Orlando Roofing Services”) ...
  • Surnames (Last Names) (Example: “Johnson Plumbing”) ...
  • Common Phrases or Industry Terms.

What is a reasonable fee to charge?

Under California law, the “reasonableness” of attorneys' fees in a given situation is driven not so much by the specific terms of the fee arrangement between the attorney and client, but rather, by the fair market value of the legal services rendered in that case.

What are common trademark mistakes?

Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.

What is the cheapest trademark?

What is the cheapest way to trademark? There is a free option to get a trademark for your name, logo, or phrase. The way to get a free trademark is to establish common law trademark rights by using your mark to brand your business, products, or services.

Do you need a lawyer to renew a trademark?

Do You Need a Lawyer to Renew Your Trademark? No—even if you hired a lawyer to register your trademark initially, you don't necessarily need one to renew it for you. However, it is very important to get it right to avoid additional fees and to ensure you don't lose your registration.

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.

How to pay trademark renewal fees?

Here's how you do it:

  1. Step 1: Check the Renewal Date. Go to the IP India portal and check when your trademark needs renewal. ...
  2. Step 2: Get Form TM-R Ready and Send It In. ...
  3. Step 3: Pay the Fees. ...
  4. Step 4: The Official Check. ...
  5. Step 5: Get Your New Certificate. ...
  6. Step 6: Keep Monitoring and Updating.

What names to avoid for LLC?

8 Words to Avoid When Naming Your LLC

  • Include business entity identifiers such as “incorporated,” “corporation,” “Inc.,” “limited liability company” or “LLC” as part of the name if the business is not actually incorporated. ...
  • Use a name that implies the LLC is a government entity , such as Federal, United States, etc.

What do you call yourself if you own an LLC?

Official Titles for LLC Owners

State business laws refer to an LLC owner as an “LLC member.” Most states require an LLC to have at least one member (see LLC member definition). Thus, you can use the built-in tile of “member” if you run a single-member LLC.

Who is the owner of a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.