Los Angeles, CA asked in Copyright and Trademark for California

Q: Hi

I need to re-instate my brand. I have kept my web site up all the time and I have been doing business under my name and sold under my name : ethnic Revolution.

How could you help me re-instate?

Joe

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1 Lawyer Answer
Karima Gulick
Karima Gulick
Answered
  • Trademarks Lawyer
  • Irvine, CA
  • Licensed in California

A: Hi Joe,

It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration.

Having the mark canceled doesn’t terminate your trademark. It is still protected under common law and state law rules. What is lost is benefits of federal registration. I hope this helps. As always, please read the disclaimers on this page.

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