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Abandoned trademark refiling involves attempting to register a trademark that was previously discontinued or left inactive by another party. When an applicant fails to meet specific IPO (Intellectual Property Office) requirements or respond to official notices, the application may be marked as “abandoned.”
Once a trademark is abandoned, it becomes available for others to register. A new applicant may pursue the same mark, but must comply with IPO's criteria and ensure that the trademark does not infringe upon any existing registrations. A thorough trademark search is essential before initiating the refiling process to avoid legal conflicts and increase the chances of successful registration.
Yes. A trademark must be actively used to retain legal protection. Typically, businesses are expected to use their trademark within five years of registration. If there is no genuine use during that period, the IPO can revoke the trademark's registration.
In fact, any third party can apply for the revocation of a trademark if it hasn't been used for five consecutive years. You can file for revocation starting the day after that five-year period ends.
Refiling an abandoned trademark is a smart move for any business looking to strengthen its brand identity. Doing so offers legal protections, improves brand visibility, and enhances credibility among customers and partners.
Reclaiming an abandoned trademark gives you the chance to secure a potentially valuable branding asset. While the process may involve due diligence and formalities, the long-term benefits can far outweigh the effort.
Even older or discontinued trademarks can retain strong brand recognition. Many established trademarks from past decades still hold significant value. By refiling, you can revive and leverage that existing brand equity for your business.
Though challenges such as legal searches and proof of genuine use may arise, working with a skilled trademark attorney can streamline the process. Don’t miss the opportunity to claim a powerful asset—consult a trademark expert today and start building your brand’s legal foundation.
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A trademark is a form of legal protection that gives a company exclusive rights to use its brand name, logo, or slogan. Registering a trademark helps prevent others from using similar identifiers, safeguarding your brand's identity and reputation.
A trademark may be removed if it conflicts with a previously registered trademark or if it remains unused beyond the allowed grace period.
Any individual or legal entity capable of entering into a contract can apply for a trademark. In some countries, non-residents must appoint a local attorney to act on their behalf during the application process.
Once registered, the trademark owner gains exclusive legal rights to use the trademark. This protection prevents others from using similar or identical marks, helping to maintain the integrity of the brand.
Yes, a business can register its name or logo as a trademark if it’s used to distinguish its products or services from competitors in the market.
