How to Claim a Dead Trademark

To request the cancellation of a trademark, you need to submit the appropriate forms and pay the fee. Your application must provide details of the periods during which you believe the trademark has not been in use. However, the owner of the trademark has the right to challenge your assertion by demonstrating that they have used the trademark in some capacity within the past five years. If they can provide evidence of such use, they can keep their registration and block any cancellation attempts.

Additionally, if the original trademark owner is unable to prove genuine usage of the trademark during the five-year period preceding the revocation application, they may still be able to present valid reasons for the mark's non-use, such as export or legal reasons. It is advisable to contact the registered trademark owner and explore the possibility of transferring or selling the mark before pursuing any legal action. Suppose you decide to go ahead with legal proceedings. In that case, it is also advisable to seek legal assistance from an intellectual property lawyer to ensure you are progressing through the process correctly. Contact Trademark Nova to get the full assistance through a qualified legal attorney to get you through this process seamlessly.