Back to Trademark basics

Can someone register my expired trademark?

Written by Jan Buza

Co-founder of Trama

Yes, a third party can file a new application for your old mark if the trademark has fully lapsed and the grace period has passed.

The good news is, if you are still actively using the mark in commerce, you may have grounds to oppose their new application. In first-to-use jurisdictions like the US, prior commercial use establishes rights that can be used to challenge a later applicant. In first-to-file jurisdictions, the grounds are narrower, but ongoing use can still be relevant.

The best way to avoid this is to properly maintain your registration and renew it when necessary. Additionally, if you miss the renewal window, the mark can still be saved by reviving it within the grace period before it passes.

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