Asked in Copyright and Trademark for Colorado

Q: How do I get my trademark up to date

No pity self inflicted

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2 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney to review the matter and recommend how to proceed.

Dane E. Johnson
Dane E. Johnson
  • Trademarks Lawyer
  • Portland, OR

A: Missing deadlines happens to trademark owners sometimes. Deadlines are usually long, but that makes them easy to forget. So don’t be too hard on yourself. If you mean that a federal trademark registration was cancelled due to failure to file a required declaration of continued use, the trademark may be able to be revived. It depends on whether there is a valid reason the declaration was not filed. It is also important to know when the Trademark Office issued a Notice of Abandonment. A Petition to Revive must be filed within 60 days of the date on the notice.

If you mean something else by your question, please provide further facts so a better answer can be given. If the trademark cannot be revived, then a new application for registration will need to be filed. Whether the mark can be registered again will depend on whether someone else has already applied for and registered it. A good step to take for a mark that is important to your business would be to work with experienced trademark legal counsel. Important deadlines and other issues that can affect a mark can be monitored while there is still plenty of time to handle them.

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