Concord, NC asked in Trademark for North Carolina

Q: how can I reinstate a trademark that was abandoned?

filling date was 8/30/13

status date was 10/27/14

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2 Lawyer Answers
Jason Brooks
Jason Brooks
Answered
  • Trademarks Lawyer
  • los angeles, CA

A: There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: jason@altviewlawgroup.com

John Martin Hilla
John Martin Hilla
Answered
  • Trademarks Lawyer
  • Livonia, MI

A: Presuming the mark is yours and that you're not trying to "reinstate" someone else's abandoned mark, if the mark was abandoned for failure to respond to a USPTO Office Action, you can file a petition to revive. If the mark was abandoned due to USPTO error, you can file a request for reinstatement. If the mark was abandoned due to your failure to file a Statement of Use and the failure was unintentional, you can also file a petition to revive. And so on.

If these petitions or requests are denied, then you need to file a new application. I would also be happy to assist. john@hillalaw.com .

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