How to Trademark an Abandoned Trademark?

Trademark is the identity of any business and it is important to safeguard the same. At times, if proper actions are not taken the trademark can also get abandoned. However, there are ways to regain the same.

Securing your brand is one of the first struggles which are faced by every entrepreneur. The ideas are what give direction to any business, and it is essential to safeguard them before anyone copies them. Choosing a name, logo or even a slogan which differentiates your brand from others in the market is one of a task.

It is necessary to get your brand name registered before you commence any business. It acts as an identity to your business and provides exclusive rights to its protection. Trademark registration entitles you to legal rights which you can use in case of any infringement.

What is an Abandoned Trademark?

An abandoned trademark is the one which has not been in use from an extended period, or the owner does not use it anymore. There are many reasons when a trademark status changes to be ‘abandoned’.

Below are some of the common grounds –

Delay in replying to the examination report

An examination report is sent to the applicant in case the registrar finds any issue with the application, or any third party has opposed the proposed trademark. Failing to reply to the report or inability to attend the hearing sessions can result in the abandoning your mark.

Delay in trademark renewal

A trademark registration has a validity of 10 years after which the owner needs to renew his/her trademark. If the person fails to renew the trademark even after one year of expiration, then it is likely to get abandoned.

Delay in case of opposition

When a trademark application is opposed, it must be replied with a counter statement to explain the reason for its distinctiveness.

The duration of filing a counter statement is 2 months failing which the trademark of the concerned applicant turns as abandoned.

Steps to register an Abandoned Trademark

Several companies or entrepreneurs wish to continue with a single trademark through their entire business life. In case the trademark has been abandoned it becomes necessary to claim it before anyone else does.

• To re-register an abandoned trademark, you need to conduct a thorough trademark search to make sure it is not in use currently.
• In case you see the abandoned trademark already in use or registered by someone else then you would require filing a fresh application – TM-A.
• One can also restore a dead or abandoned trademark by filing the prescribed form - TM-13.

Conclusion

To prevent your trademark from becoming abandoned it must be made sure that you reply timely to all the reports or notices sent by the registrar or examiner and keep track of the complete registration process so that no information gets lost.