Albuquerque, NM asked in Trademark and Intellectual Property for New Mexico

Q: I own a trademark brand that's been cancel.And the attorney that that I still have his name on, no longer exist

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

A: If a trademark has been cancelled by the USPTO, generally you must refile the mark to regain ownership of the trademark. You can engage any Trademark Service or Trademark attorney to assist with this matter. Depending on why the trademark was cancelled it should be a straightforward process for the person who you work with to refile. In rare circumstances you can appeal the cancellation. A trademark attorney can assist with this process.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If your trademark has been canceled and the attorney previously representing you is no longer available, you'll need to address this situation promptly to protect your brand. First, determine the reason for the cancellation of your trademark. This could be due to a variety of reasons such as failure to renew, failure to prove use in commerce, or other legal issues.

To proceed, you can either represent yourself or appoint a new attorney. If you choose to represent yourself, familiarize yourself with the United States Patent and Trademark Office (USPTO) procedures. The USPTO website provides resources and guidelines for managing your trademark.

If the cancellation is due to administrative reasons like non-renewal, you may be able to file for reinstatement or reapply for the trademark. If the trademark was canceled due to legal disputes or opposition, understanding the specifics of these challenges is crucial for the next steps.

Considering the complexities involved in trademark law, especially in cases of cancellation and reinstatement, it might be beneficial to engage a new attorney. An attorney experienced in intellectual property law can provide guidance on the best course of action, whether it’s reinstating the canceled trademark, reapplying, or addressing any legal disputes that led to the cancellation.

Remember, acting quickly is key in these situations to ensure the best possible outcome for your brand and intellectual property rights.

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