If A Trademark Is Dead Can I Use It

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Can I use a dead trademark or register a dead mark? | I can, Trademark ...

Can I Use a Dead Trademark?

Have you ever wondered if you can use a trademark that seems to be inactive or long forgotten? The answer, unfortunately, is not always a straightforward yes or no. Whether a trademark is truly “dead” and available for reuse depends on a complex set of legal factors.

Trademark Abandonment: The Key to Revival

A trademark can be considered dead or abandoned if it has not been used in commerce for a period of three years. However, it’s important to note that mere non-use alone does not automatically extinguish a trademark. The owner must also have the intent to abandon the mark.

Proving Abandonment: A Challenging Task

Establishing abandonment can be a difficult task, as it requires proof of non-use and an intent to relinquish rights to the mark. Courts typically examine various factors, including:

  • The duration of non-use
  • The availability of alternative marks
  • The owner’s past conduct regarding the mark
  • Any public statements made by the owner indicating an intent to abandon

Reviving a Dead Trademark: A Second Chance

In some cases, a dead trademark may be revived if the former owner can demonstrate that they have resumed using the mark in commerce. This can be done by actively promoting and marketing the mark, using it on products or services, and generally re-establishing its presence in the marketplace.

Tips for Avoiding Trademark Infringement

To avoid potential trademark infringement issues, it’s wise to follow these tips:

  • Conduct a thorough trademark search before using a mark to ensure it is not already in use by another party.
  • Monitor your trademarks regularly for infringement by others.
  • Be aware of the consequences of trademark infringement, which can include monetary damages, injunctions, and even criminal penalties.

Common FAQs on Trademark Abandonment

Q: How long does it take for a trademark to become abandoned?
A: A trademark can be considered abandoned if it has not been used in commerce for three years with the intent to abandon the mark.

Q: Can I file a new trademark application for a dead trademark?
A: Yes, if you can establish that the mark is indeed abandoned, you can file a new trademark application for it. However, it’s crucial to thoroughly research the mark’s history and ensure there is no evidence of the former owner’s intent to revive it.


Using a dead trademark is a complex legal issue that requires careful consideration and understanding of the relevant laws and regulations. By following the tips and advice outlined above, you can minimize the risks of trademark infringement and protect your own intellectual property.

Are you interested in learning more about the intricacies of trademark abandonment and its implications? If so, I highly recommend consulting with an experienced trademark attorney for further guidance and clarification.

Claim a Dead Trademark
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