Back to Trademark basics

How can I register an expired trademark?

Written by Jan Buza

Co-founder of Trama

If a trademark has fully lapsed, meaning the grace period has closed, and the original owner abandoned the mark, you can apply to register it with a new application. The registration process is identical to any new application, i.e., you file it with the relevant office, it goes through examination, then publication for opposition, and it ultimately gets registered if no objections are raised.

Before filing, confirm the trademark is genuinely dead and not simply in the grace period, during which the original owner can still renew it. Also, check whether the original owner continues to use the mark in commerce; active use after expiry may give them grounds to oppose a new application in first-to-use jurisdictions.

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