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What is an abandoned trademark?

Senior Trademark Attorney

An abandoned trademark is a mark that's no longer active in the register. It may be inactive because it wasn't renewed, the application wasn't maintained, or the owner voluntarily withdrew it from the register.

Importantly, brands can still use trademarks that have been abandoned, as owners frequently continue use without being aware that the registration has lapsed, or may be in the process of renewing it during the grace period. In most jurisdictions, a six-month grace period after expiry allows the owner to renew with additional fees. After that window, the trademark is considered dead and cannot be renewed.

A dead trademark can theoretically be registered by a third party, but the registration can get messy and complicated due to prior use by the original owner, ongoing legal proceedings, and other factors.

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Your trademark is the face your brand. Trademark registration helps your customers to identify the goods and services you offer and differentiate them from the ones offered by your competitors. It is then essential to make sure that your trademark is distinct and recognisable enough to represent your brand.