Does an expired trademark have a period during which nobody can re-register it?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

There is no mechanism in place which would expressly forbid a new trademark application to be filed for a registered or an abandoned trademark; however, let's look at a few examples of the possible outcomes in practice.

For instance, in the UK or the EU, it is not possible to revive an abandoned trademark; therefore, no such period applies.

In the US, you can file a petition to revive a trademark application over six months of expiration. During this period, it is not recommended to file a new trademark application since, during the examination, the USPTO would consider your application's filing date towards any previously filed applications and could raise an issue due to these dates until the prior trademark is not fully abandoned.

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