Q: Question about expired trademark
I have actively been using my business name since 2007. I first registered my trademark in 2009 and then renewed it (via Justia) in December 2014. I thought that I did not have to renew again for 10 years (in 2024) but just learned that it had been cancelled in August 2019. Apparently they don't count from the renewal date, rather from the date it was first registered. :(
Can it be renewed? Cost to renew? Cost to start the process from scratch? What happens if I don't renew it? If someone comes along and takes my business name, can I still keep my domains, website, Etsy account etc?
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A:
Unfortunately, the grace period to file the statement of use and renewal has passed. If you have continued to use the mark in commerce then you have not lost your common law trademark rights. Cancellation of a federal registration does not prohibit you from using the mark, it changes the remedies available to you in the event of infringement.
You can file a new application for registration of your mark.
Robyn T. Williams
rwilliams@devlinlawfirm.com
(929) 900-5914
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