When Are Trademarks Deemed Abandoned with the USPTO?
Trademarks are deemed abandoned in two main ways:
(1) when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future, and
(2) when the mark holder fails to file a statement of use as required by the USPTO.
Once a trademark is deemed abandoned the holder has two (2) months from the mailing date of the Notice of Abandonment to file a Petition to Revive the mark. If the mark holder fails to make such a Petition the mark goes back into the public domain (under Federal Law) and any individual is free to use the mark.
If the mark holder fails to file a timely Petition his sole recourse is to reapply for a trademark registration. Time is of the essence in doing so because as previously noted other parties are free to begin using the mark and may even file their own trademark applications.
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