Goshen, NY asked in Trademark for New York

Q: Is there a way to re- establish a trademark that I had but let run out at renewal or do I need to start over?

Currently, I checked and the history remains cancelled with no other application.

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3 Lawyer Answers
Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • Trademarks Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: You may file a petition to revive the trademark if you have sufficient legal grounds.

Matthew Alexander Toporek
Matthew Alexander Toporek
Answered
  • Trademarks Lawyer
  • Charleston, SC

A: If your trademark was registered and then cancelled because the required renewal paperwork was not timely filed, then you will likely have to file a new application. There is a 2 month grace period after the cancellation notice is sent where you can attempt to revive the registration but after that you must file a new application.

Fritz-Howard Raymond Clapp agrees with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: A trademark owner is generally given two months of the date of the cancellation/expiration notice to file a petition to revive. If more than two months have passed, then a new application to register the trademark will have to be filed.

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