Buying A Dead Or Expired Trademark | QOTD

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Is it possible to buy an expired or dead trademark? Can I buy a dead trademark for the USPTO?

The USPTO trademark database shows every trademark application that has ever been submitted. A dead trademark is one that was never registered, or it was registered but then the owner failed to renew it at the required time.

You cannot buy a dead trademark from the USPTO. You can purchase the rights in the mark from its current owner. (Even if a trademark is listed as “dead” on the USPTO database, it may still be in use in commerce, but the owner only has common law trademark rights.)

If a mark has not been used in commerce for three continuous years, it is considered abandoned under U.S. law, and anyone can use it without needing permission.

These situations always depend on the totality of the circumstances, so do thorough research before making any decisions regarding a trademark listed as “dead” on the USPTO database.

If legal questions were easy, we wouldn’t need lawyers.

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Ruth Carter is an attorney at Venjuris Law Firm in Phoenix, Arizona – a firm that focuses on business, intellectual property, and internet/social media law. She is also a professional speaker, blogger, and author through Carter Law Firm.

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If you have questions or want to chat, you can see all the ways to contact and connect Ruth Carter here:
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Disclaimer: This video does not constitute legal advice. Watching this video does not create an attorney-client relationship with any viewer. If you need personalized legal advice, hire an attorney.
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