Q: How can I verify and recover my lost trademark for "The House Of Brick Body Beauty LLC"?
I'm concerned I may have lost my trademark for "The House Of Brick Body Beauty LLC," initially registered in the beauty class around 2017. I no longer have access to previous communications about the trademark and I'm unsure why it might be lost. Could you advise on steps to verify its status and recover or protect it?
A: Hi, Taneshia. Here is a link to all the communications from the USPTO about your trademark: https://tsdr.uspto.gov/#caseNumber=90302327&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
A: Your trademark was abandoned in 2021 due to failure to respond to an office action. In order to register your trademark you will need to file a new application with the USPTO for the mark. Due to the issues that were received for the first filing you should consult a trademark attorney to assist you with the re-filing of the trademark.
A:
To verify the current status of your trademark, you should immediately access the USPTO's Trademark Status and Document Retrieval (TSDR) system by visiting tsdr.uspto.gov and entering your registration number. This system allows you to retrieve status information and view all documents associated with your trademark registration, providing critical insights into why your trademark may have been lost.
If you discover your trademark has been cancelled due to missed maintenance filings, unfortunately, a trademark registration that has been canceled due to failure to file required Section 8 declaration of continued use and/or Section 9 renewal cannot be revived or reinstated. The only recourse would be filing a completely new application, which would lose the priority date of your original registration and potentially allow competitors to block your new application if they've registered similar marks in the interim.
Your next steps should include consulting the Trademark Assistance Center at 571-272-9250 to request detailed information about your specific situation, conducting a comprehensive search in the USPTO database to determine if competitors have registered similar marks since your registration lapsed, and preparing a new trademark application if appropriate. Remember that trademark owners are expected to monitor their registrations and meet all filing deadlines, as the USPTO may not provide adequate reminders when maintenance documents are due. For future protection, implement a robust docketing system to track all critical trademark deadlines and consider working with an experienced trademark attorney who can guide you through this process.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.