Back to Trademark basics

Does an expired trademark have a period during which nobody can re-register it?

Founder & Trademark Attorney

No. There isn't a formal period that applicants need to wait out before they apply for a lapsed trademark. Once a mark is fully dead, its grace period is concluded, and its owner has abandoned it, a new application for that same mark can be filed immediately.

That said, the outcome of the new application depends on the standard registrability assessment. In first-to-use jurisdictions like the US, if the original owner was still actively using the mark in commerce, they may have grounds to still oppose the new application even without a current registration.

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