Asked in Trademark for Georgia

Q: My trademark is labeled “dead” how to I make it active again?

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2 Lawyer Answers
Benton R Patterson III
Benton R Patterson III
Answered
  • Trademarks Lawyer
  • Dallas, TX

A: You will likely need to start over with a new application. Although, it may be possible to revive the trademark if it recently expired.

Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: A trademark can be marked as "dead" for a variety of reasons. If it is dead because the application or registration was abandoned, then there is no way to revive an abandoned federal trademark application, at least once the various grace periods have expired. The only option is to file a completely new application. However, if it is marked as dead because an objection to registration was filed (either via an office action from the examiner or an opposition from a third party), and the objection couldn't be overcome, then even a new application won't fix the problem. A valid legal method for overcoming the objection would need to be found.

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