How To Claim An Abandoned Trademark?

Have you ever come across a product or service with a name that you think is just perfect for your own business? If so, you may be wondering if you can claim the trademark for that name.

In some cases, you may be able to do just that. If the trademark owner has abandoned the mark, you may be able to apply for and register it yourself.

This article will discuss what it means for a trademark to be abandoned, and how you can go about claiming an abandoned trademark.

We’ll also provide some tips on how to avoid infringing on someone else’s trademark rights.

So if you’re thinking about starting a new business, or if you’re simply interested in learning more about trademarks, read on!

Step	Description	Reference
1	Check the USPTO website to see if the trademark is abandoned.	USPTO Abandoned Trademark Search
2	File an intent-to-use (ITU) application with the USPTO.	USPTO Intent-to-Use Application
3	Use the trademark in commerce within 6 months of filing the ITU application.	USPTO Using a Trademark in Commerce
4	File a Statement of Use (SOU) with the USPTO.	USPTO Statement of Use
5	Pay the required fees.	USPTO Trademark Fees
6	The USPTO will review your application and, if approved, issue a trademark registration.	USPTO Getting Started with Trademark Registration

What is an Abandoned Trademark?

A trademark is a word, phrase, symbol, or design that identifies a product or service as belonging to a particular company or organization. Trademarks are used to protect brand identity and prevent other businesses from using similar marks.

An abandoned trademark is a trademark that is no longer being used by its owner. This can happen for a number of reasons, such as:

• The business that owns the trademark has gone out of business.
• The business has changed its name or product line.
• The business has stopped using the trademark in its marketing materials.

When a trademark is abandoned, it becomes available for anyone to use. This means that another business could potentially register the trademark and start using it for their own products or services.

Consequences of Abandoning a Trademark

There are a number of consequences of abandoning a trademark, including:

• Loss of brand identity. A trademark is a valuable asset that helps businesses to build brand awareness and customer loyalty. If a trademark is abandoned, the business loses the ability to protect its brand identity and prevent other businesses from using similar marks.
• Increased competition. When a trademark is abandoned, it becomes available for anyone to use. This means that other businesses could potentially register the trademark and start using it for their own products or services. This can lead to increased competition for the business that originally owned the trademark.
• Loss of goodwill. Goodwill is the value of a business that is based on its reputation and customer loyalty. When a trademark is abandoned, the business loses the goodwill that it has built up over time. This can make it more difficult for the business to attract new customers and grow its business.

Factors that can Lead to Abandonment

There are a number of factors that can lead to a trademark being abandoned, including:

• Lack of use. The most common reason for a trademark to be abandoned is lack of use. If a trademark is not being used in commerce, it is considered to be abandoned.
• Changes to the business. If a business changes its name or product line, it may no longer need the trademark that it originally registered. In this case, the business may choose to abandon the trademark in order to avoid the costs of maintaining it.
• Legal challenges. If a business is involved in a legal challenge over its trademark, it may decide to abandon the trademark in order to avoid the costs and hassle of litigation.

How to Check if a Trademark is Abandoned

There are a few ways to check if a trademark is abandoned. The most common way is to search the USPTO database. The USPTO database lists all of the trademarks that have been registered with the USPTO. You can search the database by trademark name, owner name, or product or service class.

You can also contact the USPTO to inquire about the status of a particular trademark. The USPTO will be able to tell you if the trademark is registered, abandoned, or pending.

Finally, you can hire a trademark attorney to help you check the status of a trademark. A trademark attorney will be able to conduct a thorough search of the USPTO database and advise you on the status of any particular trademark.

How to Claim an Abandoned Trademark

If you believe that a trademark is abandoned, you may be able to claim it for yourself. However, there are a few things that you need to keep in mind before you do so.

First, you need to make sure that the trademark is actually abandoned. You can do this by checking the USPTO database and contacting the USPTO.

Second, you need to make sure that you are eligible to claim the trademark. In order to claim a trademark, you must be a U.S. citizen or a resident alien. You must also be using the trademark in commerce.

Third, you need to file a trademark application with the USPTO. The application process can be complex, so it is important to work with an experienced trademark attorney.

If you are successful in claiming an abandoned trademark, you will be able to use the trademark for your own products or services. You will also be able to prevent other businesses from using the trademark.

Abandoning a trademark can have a number of negative consequences for a business. It is important to be aware of the risks of abandonment and to take steps to avoid it. If you believe that a trademark is abandoned, you may be able to claim it for yourself. However, it is important to make sure that you are eligible to claim the trademark and that you follow the proper procedures.

3. How to Claim an Abandoned Trademark?

If you believe that a trademark is abandoned, you may be able to claim it for yourself. However, the process of claiming an abandoned trademark can be complex, and it is important to understand the legal requirements before you begin.

Filing an intent-to-use application

The first step in claiming an abandoned trademark is to file an intent-to-use (ITU) application with the United States Patent and Trademark Office (USPTO). An ITU application allows you to reserve a trademark for use in commerce within the next six months.

To file an ITU application, you will need to submit the following documents to the USPTO:

• A completed ITU application form
• A specimen showing how you intend to use the mark in commerce
• The filing fee

The USPTO will review your application and issue a notice of allowance if it is found to be acceptable. You will then have six months to begin using the mark in commerce.

Filing a foreign trademark application

If you want to protect your trademark in other countries, you will also need to file foreign trademark applications. The requirements for filing a foreign trademark application vary from country to country, so you will need to do some research to find out what is required in the countries where you want to protect your mark.

Registering the trademark in your state

In addition to filing a federal trademark application, you may also want to register your trademark in your state. State trademark registrations provide additional protection for your mark in the state where you are doing business.

To register your trademark in your state, you will need to contact the state trademark office. The requirements for registering a trademark vary from state to state, so you will need to do some research to find out what is required in your state.

4. Defending Your Claimed Trademark

Once you have claimed an abandoned trademark, you will need to take steps to defend your claim. This includes using the mark in commerce, maintaining your registration, and defending your mark against infringement.

Using the mark in commerce

The most important thing you can do to defend your claimed trademark is to use it in commerce. The more you use the mark, the stronger your claim will be. When you use the mark, be sure to use it in a way that is consistent with the way you intend to use it in the future.

Maintaining your registration

Your trademark registration will expire five years after it is issued. To keep your registration active, you will need to file a renewal application with the USPTO. The renewal fee is $100.

Defending your mark against infringement

If someone else starts using a mark that is similar to your claimed trademark, you may be able to file an infringement lawsuit against them. To win an infringement lawsuit, you will need to show that the other party’s mark is confusingly similar to your claimed mark and that they are using their mark in a way that is likely to cause consumer confusion.

Claiming an abandoned trademark can be a complex process, but it can be a valuable way to protect your business interests. By following the steps outlined in this article, you can increase your chances of successfully claiming an abandoned trademark.

How do I know if a trademark is abandoned?

A trademark is considered abandoned if it is not used in commerce for a period of three years. However, there are some exceptions to this rule, such as if the trademark is used in a foreign country or if it is used in a different class of goods or services.

How can I claim an abandoned trademark?

To claim an abandoned trademark, you must file an application with the United States Patent and Trademark Office (USPTO). The application must include a statement that you have used the trademark in commerce for a period of at least five years prior to the filing date of your application. You must also provide evidence of your use of the trademark, such as copies of invoices, advertising materials, or product labels.

What happens if my application is approved?

If your application is approved, you will be granted a trademark registration. This means that you will have the exclusive right to use the trademark in commerce for the goods or services listed in your application.

What happens if my application is denied?

If your application is denied, you may appeal the decision to the Trademark Trial and Appeal Board (TTAB). The TTAB will review your application and make a final decision on whether or not to grant a trademark registration.

What are the benefits of owning a trademark?

There are many benefits to owning a trademark, including:

• The ability to prevent others from using your trademark in commerce
• The ability to use the trademark in connection with your goods or services
• The ability to build brand awareness and customer loyalty
• The ability to sell or license your trademark to others

How can I protect my trademark from infringement?

There are a number of ways to protect your trademark from infringement, including:

• Registering your trademark with the USPTO
• Using the trademark in a clear and consistent manner
• Enforcing your trademark rights against infringers

By following these tips, you can help to protect your trademark and ensure that it remains valuable for years to come.

claiming an abandoned trademark can be a complex and time-consuming process. However, by following the steps outlined in this article, you can increase your chances of success. It is important to remember that each trademark case is unique, so you may need to adapt the process to your specific situation. If you have any questions or concerns, it is always best to consult with an experienced trademark attorney.