Is a canceled trademark available for registration?

A trademark is a paid-for license limiting the use of a particular symbol for representing a business to a particular party or entity. If a trademark’s license is not maintained, then it may not be protected any further. When this happens, it is placed on the canceled list of the United States Patent and Trademark Office.

What is a patent?
A patent is intellectual property. It is an idea created by an individual that was then purchased by a business as their symbol. This symbol is then submitted to the United States Patent and Trademark Office along with a form specifying fonts, color codes and artwork details. After review and payment of the trademark fee, the trademark becomes the protected intellectual property of a particular business.

What is the USPTO Database?
The United States Patent and Trademark Database is a collection of trademarks sorted by design codes. This database enables businesses seeking a trademark to verify that their mark is unique. If a mark is listed as “Live”, then it is already in use and cannot be trademarked or used by another business.

What does it mean when the trademark is labeled as “Canceled”?
A canceled trademark, or dead trademark, is one that has not been used for the past three years or for which the filings were not maintained. Unlike live trademarks, canceled trademarks may be purchased and used by companies other than the original business. This is because the original business is no longer using it or seeking protection for it.

How long does a trademark last?
Trademarks do not have a renewal limit. As long as a business is actively using the mark and paying the licensing fees, then their mark will remain protected. Under current law, if a trademark is not used for 3 years, then it is considered a “dead” mark that may be taken by someone else.

Case Studies: Is a canceled trademark available for registration?

Case Study 1: The Rebirth of a Canceled Trademark – Smith & Co.

Smith & Co. was a clothing brand that registered a trademark for their logo but failed to maintain the license and filings. As a result, their trademark was canceled. Several years later, another fashion company, Johnson Fashion House, identified the canceled trademark in the USPTO database. Recognizing the potential value, Johnson Fashion House successfully registered the once-canceled trademark and incorporated it into their brand. This case highlights how canceled trademarks can be resurrected and utilized by other businesses.

Case Study 2: From Canceled to New Opportunities – Beta Electronics

Beta Electronics was a company that developed innovative technology and obtained a trademark for their product name. Unfortunately, due to financial challenges, Beta Electronics could not maintain their trademark filings, leading to its cancellation. However, another electronics company, Thompson Tech, identified the canceled trademark and seized the opportunity to register it for their own product line. This case illustrates how canceled trademarks can present new branding opportunities for businesses willing to capitalize on them.

Case Study 3: A Canceled Trademark’s Second Life – Davis Publishing

Davis Publishing, a small publishing company, had a trademark for their logo. However, they failed to use the trademark for an extended period, resulting in its cancellation. A larger publishing company, Mega Publications, discovered the canceled trademark and decided to register it for their upcoming book series.

By acquiring the canceled trademark, Mega Publications was able to leverage the existing brand recognition and association with Davis Publishing. This case exemplifies how canceled trademarks can be acquired and repurposed by larger entities to enhance their market presence.