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Can you file a Trademark for a Brand Name that has been Cancelled?

Cancelled Trademarks

Yes! To file for trademark registration, you have to be using or intend to use the trademark in the regular course of business. If the trademark has already been cancelled, then the mark can be filed for registration if it meets the following:

  • If no one else is already using it for similar goods or services;
  • If it does not conflict with an existing mark; and
  • If it meets other legal qualifications.

A different company may have used the trademark in the past but if it was cancelled in the process of registering or the company shut down and the corporation dissolved (maybe in bankruptcy), then there is an opportunity for you to file for the mark. As the other company is no longer using it, the trademark will be cancelled for non-use. Grabbing that trademark by applying for registration in a similar line of goods or services as the previous company is possible.

Trademark registration is a year-long process. Getting the application in with a high likelihood of success is the right start. A majority of trademark applications fail and go DEAD (mainly due to self-applicants using zoom type services). To avoid that, a proper trademark clearance search is crucial. Moreover, knowing when a trademark is likely to fail is also crucial. Sometimes you just have to abandon a proposed trademark and come up with something more likely to succeed with all the legal hoops that may happen in trademark registration.

If the trademark is cancelled it is no longer claimed and can be registered by another. You do have to ensure that the mark is not in “abandonment” status, which is different from a “cancelled” mark. Abandoned marks still have an opportunity to be “revived” so make sure it is cancelled and not abandoned.

Let Karana IP get you from ™️ to ®️.

If you have a new brand to protect, Karana IP has the ability to help you choose, protect, and enforce trademarks under state and federal law.  Contact Karana IP Law, LLC, today if you have questions about the selection, registration, protection, or enforcement of your mark.
If you would like to begin the trademark registration process, please submit a trademark intake form and Karana IP will contact you within 24 hours.

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