How to Trademark an Abandoned Trademark

The owner of a trademark must renew its registration on a regular basis. If he fails to do so, then it will become "abandoned." If the owner of an abandoned trademark stops using the trademark, then it may be possible for another party to takeover the trademark. Registering an abandoned trademark is similar to registering any trademark, although you will want to check that it is, in fact, abandoned and that the owner has ceased using it.

Instructions

1. Visit the U.S. Patent and Trademark Office's website and use the Trademark Electronic Search System to search for the trademark you want to use. Enter your trademark and see if it is listed in the results. Click on the result to see if it is "live" or "abandoned."

2. Research the company that abandoned the trademark to find out if it is still operating. Look over its website and any promotional materials to see if they are still using the trademark. If it is, it is unlikely that the patent office will accept your application.

3. File with the patent office a TEAS form or a TEAS plus form. This can be filed online at the U.S. Patent and Trademark Office website. Select the appropriate form based on the conditions as they are outlined. Pay the required fee. As of June 2011, the fee for the TEAS form and TEAS Plus is $325 and $275 respectively for each mark that you wish to register.

Tips & Warnings

• The patent office will perform its own search to verify that the trademark is not currently in use. If it is not in use and there are no other issues with your application, the trademark will be registered in your name.

References

• WIPO Magazine; What You Don't Know About Trademarks; Timothy J. Lockhart; November 2009
• USPTO: Initial Application Forms
• UAPTO: Trademark Process