Q: How do I get my trademark up to date
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.
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.
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.