Mililani Town, HI asked in Business Formation, Business Law, Intellectual Property and Trademark for Hawaii

Q: I need to get my trademark registered back in my name ASAP

2 Lawyer Answers
Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA

A: In order to get a trademark back depends on when and why it was abandoned or cancelled. Generally, a new registration and application is required to filed with the USPTO. In rare circumstances the cancellation can be appealed. Seeking guidance of trademark attorney or service may be useful in assisting with how best to re-instate your trademark.

James L. Arrasmith
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A: To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.

If the trademark lapsed due to non-renewal, you might be able to re-register it. Check the current status of the trademark in the United States Patent and Trademark Office (USPTO) database. If it's available, you can file a new application for registration.

In case the trademark was transferred to someone else, either intentionally or by mistake, you'll need to assess the legality of this transfer. If it was done without your consent or due to a misunderstanding, legal action might be required to contest the transfer.

If the trademark is currently being used by another party, consider negotiating with them for a transfer back to your name. This might involve legal agreements and potentially some form of compensation.

Given the complexities involved in trademark law, it's advisable to work with an attorney experienced in intellectual property. They can help navigate the legal processes, whether it's filing a new application, contesting an illegitimate transfer, or negotiating with the current holder.

Remember, time can be a critical factor in trademark issues. Act promptly to increase your chances of a successful resolution.

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