How can I register an expired trademark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

If a trademark has expired and is no longer actively used by the original owner, it may become available for registration by a new applicant.

In such cases, you can attempt to register the expired trademark as a new application if it meets the requirements for distinctiveness, proper usage, and non-confusion. You would need to go through the regular trademark application process, including conducting a comprehensive search to ensure there are no conflicting marks, filing the application with the appropriate trademark office, and paying the required fees.

During the examination process, the trademark office will assess the eligibility of the expired mark for registration based on the current legal requirements. It's important to consult with a trademark attorney or professional who can guide you through the application process, conduct the necessary searches, and provide specific advice based on your jurisdiction and the particular circumstances surrounding the expired trademark.

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