Can I register an expired trademark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Technically, you cannot register an expired trademark because an expired trademark is no longer active or enforceable. Once a trademark registration expires, it cannot be renewed or extended. The expired mark loses its legal protection.

However, it's worth noting that in some cases, a previously registered trademark may become available for registration again if it is not promptly renewed by the original owner or if the owner voluntarily surrenders the rights to the mark. In such situations, the previously expired trademark may be eligible for a new application by a different applicant.

To determine if a previously expired trademark is available for registration, you should conduct a comprehensive search to verify its current status and ensure that there are no conflicting marks or pending applications.

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