Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it
I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.
A: I assume you are talking about the mark "DEBRA MURRAY SHAYPRON". If so, this registration went abandoned a very long time ago, such that you will need to file a new trademark application (whether for DEBRA MURRAY SHAYPRON or for just SHAYPRON). If you do this right away, you should be okay; there do not currently appear to be any directly conflicting marks, and provided that you have had continued commercial use all of this time, you can still claim an early first use date.
Fritz-Howard Raymond Clapp agrees with this answer
A: The application to register DEBRA MURRAY SHAYPRON filed in 2011 was an "intent to use" application. It was cleared for publication by an examining attorney and since there was no opposition, a "notice of allowance" was issued in 2012. Had a "statement of use" been filed, showing actual use of the mark in commerce, the registration would have been issued. But since no statement of use (or request for extension) was filed within 6 months, the application was abandoned and there is no procedure for its being revived. If the mark is being used, its owner could file a new application to register it along with a specimen showing its use in commerce; the new application should state the earliest date of actual use.
A: If your trademark went abandoned some time ago you unfortunately will need to file a new trademark application. If you have been using the mark and no conflicting marks have been filed there should be no issues in refiling for the mark. When a trademark is field a declaration of use is required to be filed between the 5th and 6th anniversary of the mark as well as the 9th and 10th anniversary of the mark. If a continuance of use is not filed then the mark will be abandoned. Working with a trademark specialist or attorney can help you track these renewal timelines and requirements.
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