It’s possible for a trademark owner to lose the rights to their mark because they failed to renew registration within the necessary time frames set forth by the United States Patent and Trademark Office (USTPO). When this happens, the mark is said to be “cancelled” or “dead.”
If a trademark owner lets their mark lapse accidentally – perhaps due to a simple oversight – they may be able to take steps to “revive” their dead trademark. Here’s what you need to know if your trademark has unintentionally lapsed.
Trademark Renewal Periods
The time periods for when a trademark must be renewed are as follows:
- Declaration of Use must be filed between the fifth and sixth years after registration;
- Renewal between the ninth and tenth years after registration.
- Renewal every 10th year thereafter for the life of the mark.
Reviving a Dead Trademark
It may be possible to reinstate or “revive” a dead mark if the failure to renew was an honest mistake. The owner of the trademark will need to file a Petition to Revive and swear under oath that the failure to renew the trademark was unintentional. This petition must be filed within 60 days that the Notice of Cancellation was issued(not received). If renewal under these circumstances is not possible, the trademark owner will need to file a new application and go through the process of federally registering their mark once again.
If you’ve accidentally let your trademark lapse and you want to know if you are still within the time frames set forth by the USPTO to revive your dead mark, please contact us at (888) 666-0062 to schedule an appointment.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.