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.
If you're interested in trademarking a dead or abandoned mark, you may also want to read these articles.
The Trademark Process