Written by Tomas Orsula
Senior Trademark Attorney
Before applying for an expired trademark, it is recommended to verify whether the trademark is still used by the entity that previously owned it. Not only can the owner revive the mark within six months after expiration, but even after this grace period, they can still be using it in commerce - either under a common law trademark or simply because they might not be aware that it has expired. Another reason for expiration might be not responding to an office action issued by the IPO in time, which the previous owner might be able to bounce back from.
As trademark examination is becoming ever more strict, all of the above should be taken into account before filing a trademark application for an expired trademark. Having an experienced trademark attorney look into the case would be highly recommended.
Will I be able to use different colour versions of my trademark?
Does an expired trademark have a period during which nobody can re-register it?
As a brand we have several variations of our logo, how do we protect them all?
Shall we register a word trademark, image trademark, or a combination?
What are advantages of filing my TM through a lawyer / law firm?
Should I register both the name and the logo trademarks at once?
Will getting the name trademarked with the logo provide me rights over the words as well?
What if my company name is already trademarked by someone else?
If we register a logo trademark, can we still make changes to the logo itself and retain protection?
What is the best way to protect all of the different variations of our logo?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
