Can Abandoned Trademarks Be Revived by New Owners?

Can Abandoned Trademarks Be Revived by New Owners? Here’s What You Should Know

Trademarks are often among a company's most valuable assets․ A trademark protects a specific brand name‚ logo‚ slogan‚ or symbol from unauthorized use by others․ However‚ all trademarks have a limited lifetime․ Abandonment‚ either by failing to use a mark‚ allowing an expiration of the registration‚ or failing to renew a registration may cause a trademark to become dormant․ Can an abandoned trademark be revived by a new owner?

Yes․ Often‚ abandoned trademarks may be remade and adopted by new trademark owners‚ but there are a number of legal considerations‚ risks and strategies to take into account before doing so

In this blog‚ we'll explain everything you need to know about abandoned trademarks‚ how they can be revived‚ and what legal steps you need to take․

What Is an Abandoned Trademark?

An abandoned trademark is a trademark whose protections have lapsed in law‚ because the original owner either no longer uses the trademark‚ or has failed to keep it registered.

There are several reasons a trademark could be abandoned․

• Failure to renew the trademark registration
• Non-use of the trademark for a continuous period
• Owner's voluntary relinquishment of possession
• Business closure or bankruptcy
• Failure to respond to trademark office objections

When a trademark is considered abandoned‚ it is available for registration by someone else

Is the Use of an Abandoned Trademark Legally Permitted by a New Owner?

Yes, the use of an abandoned trademark is often possible when it becomes legally available for registration and utilization. Yet, this does not mean that any abandoned trademark is ready to be used right away.

The following aspects should be checked before using an abandoned trademark:

• Whether it is really abandoned
• If any common law rights are left around
• If the old owner continues utilizing the trademark unofficially
• Possible disputes or confusions with customers
• Trademark search is a must before doing anything else.

Differences between Expired and Abandoned Trademarks

There is usually a lot of confusion between expired trademarks and abandoned trademarks.

• Expired Trademark
  

  Expired trademarks arise if the owner does not renew the registration after the stipulated time frame.

• Abandoned Trademark
  

  Abandoned trademarks are basically trademarks that have been abandoned by the trademark owners either through ceasing use or surrendering.

  It should be noted that some expired trademarks might still have legal protection if they are used commercially.

• Steps for Checking if a Trademark Is Abandoned
  

  Before you start using the trademark, carry out a comprehensive trademark search on the relevant intellectual property office.

  This search may include verification of the following aspects:

  • Registration
  • Renewal
  • Owner identification
  • Trademark classification
  • History of filing and oppositions

  Note: The trademark search databases in the UAE, USA, UK, and India can be done online.

Reasons for Resuscitating Abandoned Brands

Many firms choose to resurrect abandoned brands for various benefits.

• 1. Established Brand Awareness
  

  Some of the abandoned brands are familiar and recognized among consumers. Using such a brand could lower the cost of branding.

• 2. SEO Advantages
  

  The brand might already have links that point to it online, which would enable quicker achievement of better SEO results.

• 3. Quicker Market Positioning
  

  Using an established name couRisks Associated with the Use of an Abandoned Trademark.

  Despite the advantages associated with resuscitation of an abandoned trademark, there is also need for caution against some risks.

  1. Existence of Common Law Rights

  It is possible that despite expiration of a trademark registration, the previous owner may continue to have rights based on commercial use.

  2. Risk of Customer Confusion

  Customer confusion may result due to association of the brand with the prior trademark owner.

  3. Risk of Opposition

  Owners of the prior trademark will oppose the registration due to belief that they have certain rights which the new application may infringe.

  4. Negative Reputational Effect

  The abandoned trademark may have a bad reputation, especially if it was involved in lawsuits or controversies.ld enable businesses to build their reputation quickly without having to build an entirely new brand from scratch.

  5. Availability of Premium Domains

  It is possible to find domain names that match the brands in certain instances.

Hazards of Utilizing an Abandoned Trademark

While there are several advantages of resuscitating abandoned trademarks, there are some dangers as well that companies must take into account.

• 1. Undisclosed Common Law Rights
  

  Even when a registered trademark is considered to have lapsed, common law protection may allow the original owner to assert his rights through business usage.

• 2. Customer Confusion
  

  If you attempt to revive an already familiar trademark, then it may lead to customer confusion because they may relate it to the previous organization.

• 3. Legal Resistance
  

  The previous owner or even a competitor might resist any efforts towards registering the same mark, fearing infringement on their rights.

• 4. Reputation Hazard
  

  A bad reputation, along with some legal problems, associated with an abandoned trademark may damage your reputation.