Can I claim a dead trademark?
You may trademark an abandoned or dead trademark, providing that it would not conflict with any active trademarks or businesses. A “dead" trademark is often one that was abandoned during the filing process due to its owner's inaction, or cancelled after registration due to a failure to renew the registration.
There is a chance that the owner will revive the trademark or claim "common law" trademark rights, so it is best to consult with an attorney before attempting to file for a "dead" trademark.
If you wish to revive a trademark that you previously owned, you may do so by proving that you responded to all of the U.S. Patent and Trademark Office’s requests. The USPTO has information on reviving a mark here. If this is not the case, then you may file a new application for the previous trademark.
If you’re interested in learning more about how to trademark a "dead" trademark, contact us today to speak with a qualified trademark attorney.
Further Reading
If you're interested in trademarking a dead or abandoned mark, you may also want to read these articles.
The Trademark Process
About the Author
Xavier Morales, Esq.
Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.