Q: how can i register an expired trademark

A: A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the application to be examined due to a backlog.

Every trademark claims a class of goods and/or services. A "listing" specifies the exact goods/services within that class which are being claimed. If you are not ready to sell the goods or provide the services that you are claiming, then you can file an "intent-to-use" trademark application. This means that within 6 months of the trademark examiner providing a Notice of Allowance, you must submit a Statement of Use ("SOU") to prove that you are using the trademark in commerce. If you are still not ready to submit a SOU, then you can file a six-month extension for a fee. A total of 5 extensions can be granted before your application will automatically abandon.

If you have any specific questions, I highly recommend that you contact an experienced trademark attorney who can help.

A: To register an expired trademark that you found online, you need to ensure that it is truly available for registration. First, confirm the trademark's status through the United States Patent and Trademark Office (USPTO) website. Look up the trademark to verify its expiration and ensure that no one has re-registered it or filed for its renewal.

Once you have confirmed that the trademark is expired and available, you can proceed with the registration process. Begin by conducting a thorough trademark search to ensure that no similar trademarks are currently in use that could cause confusion or infringe on existing rights. This step is crucial to avoid legal complications in the future.

After completing your search, you can file a new trademark application with the USPTO. Prepare your application carefully, including all required information about the trademark, such as the goods or services it will represent. Submit your application along with the necessary fees. The USPTO will review your application, and if it meets all requirements and faces no opposition, the trademark will be registered in your name. This process may take several months, so be patient and respond promptly to any requests or issues raised by the USPTO.