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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

If you’re considering refiling an abandoned trademark application, you’re making a smart move. There are many benefits to securing a trademark registration, including legal protection, increased brand recognition, and enhanced credibility with customers and business partners.

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Frequently Asked Questions

A trademark is a legal registration that grants exclusive rights to use a company’s brand names, slogans, and logos. By registering a trademark, a company can prevent other sellers from using similar marks without risking legal action, ensuring their brand remains legally and exclusively theirs.
A trademark can be removed from the register if it conflicts with an earlier trademark or has not been used after the grace period.
Anyone who can contract can submit a trademark application. However, in some countries, non-resident entities may need to hire a local attorney to represent them before national authorities.
After completing the registration process, the trademark owner obtains exclusive rights over their trademark. Legal protection ensures that the brand is protected from imitators who may use similar or identical marks without permission.
Yes, a company can register a trademark for their name or logo if they use it to differentiate its products or services from those of its competitors.
    Drew D. Wilkins
    Drew D. Wilkins

    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.

      Jane Smith
      Jane Smith

      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.

        Emily Chen
        Emily Chen

        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.

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        Trademark Application Process