What is a Dead Trademark?
A dead trademark is a registered trademark that has lost its federal legal protections. In other words, a trademark that is no longer recognized or protected by the United States Patent and Trademark Office (USPTO). This can occur for various reasons, such as the trademark owner’s failure to renew the mark or the mark being deemed abandoned.
How does a trademark become dead?
A trademark can become dead in several ways, including:
- Abandonment: When the owner of the trademark fails to respond to an examining attorney’s office action within the prescribed time frame.
- Non-renewal: When the trademark registration is not renewed, typically due to the failure to pay the required renewal fee.
- Withdrawal: When the trademark owner voluntarily withdraws their trademark application or registration.
- Cancellation: When the USPTO cancels a trademark registration due to a court decision, petition, or other legal action.
What is the difference between a live and dead trademark?
- Live Trademark: A trademark that is still valid and protected by the USPTO. Live trademarks can be used to block pending trademark applications, prevent others from using a similar mark, and secure intellectual property rights.
- Dead Trademark: A trademark that is no longer valid and protected by the USPTO. Dead trademarks cannot be used to block pending trademark applications, prevent others from using a similar mark, and intellectual property rights are lost.
Can I sell a dead trademark?
In most cases, you cannot sell a dead trademark, as it is no longer protected by the USPTO. However, the owner of a dead trademark may be able to license some or all of the rights to another party.
Can a dead trademark be revived?
Reviving a dead trademark can be a complex and expensive process. The USPTO may revive a trademark application if the delay in responding to an examining attorney’s office action was unintentional. However, there is no guarantee that a dead trademark can be revived.
Can I buy old trademarks?
It is possible to buy old trademarks, but it’s essential to ensure that the mark is still valid and not dead. You can purchase a trademark from the current owner or through a licensed agent. However, make sure to conduct thorough due diligence to ensure the trademark is still valid and does not infringe on the intellectual property rights of others.
Table: Life Cycle of a Trademark
| Stage | Description |
|---|---|
| Application | Initial submission of a trademark application to the USPTO |
| Examination | Review of the trademark application by an examining attorney |
| Allowance | Approval of the trademark application, allowing the mark to be registered |
| Registration | Official registration of the trademark with the USPTO |
| Abandonment | Cancellation of the trademark registration due to non-response to office action |
| Withdrawal | Voluntary cancellation of the trademark registration |
| Cancellation | Official cancellation of the trademark registration due to court decision or petition |
In conclusion, a dead trademark is a registered mark that has lost its federal legal protections. Understanding the difference between a live and dead trademark is crucial in navigating the complex world of trademark law. While buying and selling dead trademarks can be possible, it is essential to ensure the mark is still valid and does not infringe on intellectual property rights.