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What's the process of applying for an expired trademark?

Written by Jan Buza

Co-founder of Trama

The process of applying for an expired trademark is very similar to a regular, new application, with some caveats.

First, you should confirm the trademark is fully dead by checking that the grace period has closed and the original owner has abandoned the mark. You should also verify whether the mark is still used in commerce, as this would complicate a new application in first-to-use jurisdictions such as the US.

If you've confirmed the mark is genuinely available, the process follows standard trademark registration.

Perform a clearance check of the name before filing the application.
File the application with the relevant IP office.
The application then goes through the examination process and is published for opposition if no issues are raised.
If no oppositions are raised, the application is registered, and a certificate of registration is issued.

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