Maximize Your Business's Potential with Abandoned Trademark Refiling
Define Abandoned Trademark Refiling
Abandoned Trademark Refiling refers to the process of attempting to register a trademark that was previously abandoned by another party. When a trademark application is filed, the applicant must follow specific guidelines and meet certain requirements to secure registration. If the applicant fails to meet those requirements or doesn’t respond to the IPO’s requests for information or action, the application may be deemed “abandoned.”
Once a trademark application is abandoned, it becomes available for others to register. An abandoned trademark can be refilled by a new applicant who is interested in using the mark. However, the new applicant will need to meet all the requirements and guidelines set by the IPO to register the trademark successfully. It’s essential to conduct a comprehensive search to ensure that the mark is available and doesn’t infringe on any existing trademarks before refiling an abandoned trademark application.
Is it possible for a trade mark to be cancelled due to non-use?
When a business applies for a trade mark, it is generally expected that they will use the mark to promote their goods or services over the course of ten years, thus enjoying legal protection. However, if a trade mark is not used for the first five years after registration, the Intellectual Property Office (IPO) may revoke its registration.
It’s worth noting that anyone can apply for the revocation of a trade mark. If you come across a trade mark that has not been in use for five years, you can apply for revocation the day after the five-year registration date.
Benefits of Abandoned Trademark Refiling
- By pursuing an abandoned trademark filing, you have an opportunity to secure a valuable asset for your business. While the process may require additional effort and resources, the potential rewards are well worth it
- It's important to note that even if the trademark is an old trademark, it may still have significant value. Many well-known brands have been around for decades or even centuries, and their trademarks remain valuable assets today. By refiling an abandoned trademark application, you may be able to tap into that value and build a strong brand for your business
- Of course, there are some challenges to refiling an abandoned trademark application, such as the need to conduct a comprehensive search and demonstrate a legitimate interest in using the mark. However, with the help of a qualified trademark attorney or other professional, you can overcome these challenges and maximize your chances of success. Don't miss out on the opportunity to secure a valuable asset for your business - contact a trademark attorney today to discuss your options and get started on the path to trademark registration.
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Frequently Asked Questions
Owns a Flower Shop
Trademark Assured made the process of registering my trademark so easy and stress-free. They were extremely helpful throughout the process and their team was very responsive to all of my questions. I highly recommend their services to anyone looking to protect their brand.
Leuschke Ltd
I was worried about renewing my trademark, but Trademark Assured took care of everything. Their team was professional, and knowledgeable, and made the entire process smooth and seamless. I couldn't be happier with their service and highly recommend them.
Sells on Amazon
Trademark Assured helped me navigate the complicated process of registering my brand with the Amazon Brand Registry in the US. Their team was knowledgeable and provided valuable insights that I wouldn't have known otherwise. I highly recommend their services for anyone looking to protect their brand on Amazon.