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.

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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
  • Trademarks Lawyer
  • Mesa, AZ

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.

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