Asked in Trademark and Intellectual Property for Florida

Q: Can I re active my trade mark if is was cancelled?

3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: You really need to hire a copyright / trademark attorney not ask for advice on this type of site. You selected 4 categories, and I respond to questions on Business formation and business law. I suggest that you repost using only copyright and trademark categories. Hopefully that will get you answers from attorneys who handle that area of law.

I suggest that you use the find a lawyer feature to search for copyright / trademark attorneys and consult directly with them.

Good luck,

Ayesha Chidolue
Ayesha Chidolue
Answered
  • Lake Mary, FL
  • Licensed in Florida

A: A trademark Owner may file a request to reinstate a registration if the registration was cancelled or expired for failure to file a section 8 affidavit, trademark renewal or response if they can provide proof that the cancellation was due to USPTO error or that the registrant didn’t receive the post-registration action.

Benton R Patterson III agrees with this answer

Griffin Klema
Griffin Klema
Answered
  • Trademarks Lawyer
  • Tampa, FL
  • Licensed in Florida

A: It depends on why the mark was cancelled. Was that the result of a lawsuit or other proceeding where the mark was adjudicated to be confusingly similar to another mark, or otherwise not allowed to be registered? Or did the mark expire by failing to file a Section 8 affidavit or renewal application? If the latter, then you may be able to petition for reinstatement, depending on when the mark was cancelled. You generally have 6 months or one year to take action. If you waited too long, you can just file a new trademark application.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.