Miami, FL asked in Copyright and Trademark for Florida

Q: How can I renew a trademark that expired on July 2020?

Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.

Related Topics:
3 Lawyer Answers
Bernard Samuel Klosowski
Bernard Samuel Klosowski
Answered
  • Trademarks Lawyer
  • Greenville, SC
  • Licensed in Florida

A: A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the notice, the petition can be filed within 2 mos. of finding out about the expiration. In any case, the petition should be filed no later than 6 mos. after TESS records indicate the expiration. The ownership issue is typically done via a request to update ownership information, which would have to be addressed simultaneously with the petition to revive.

Marcos Garciaacosta agrees with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: Trademark registrations that have been cancelled due to failure to file required maintenance documents (including Section 9 renewal application) have a six month grace period to file such documents for an additional fee which must be filed by the current owner. Consult with a trademark attorney for information specific to your situation and to assist you with transferring ownership of the trademark.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Consult with an attorney.

IF it has been over six months since it expired, most likely you can't revive it.

IF somebody has filed for the same of very similar trademark, you may be prevented from getting it.

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.