jennyjo Posted May 13, 2010 Share Posted May 13, 2010 What does it mean if a trademark is "dead"? I did a search of a fragrance name and it says "dead" beside the record. Does that mean it is no longer trademarked? Quote Link to comment Share on other sites More sharing options...
number2of7 Posted May 13, 2010 Share Posted May 13, 2010 Here's the definition from the patent and trademark website:a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. It does not necessarily mean that there are not other marks that the trademark examining attorney would cite. It is also possible to revive an abandoned application (for example, if the USPTO declared the application abandoned for failure of the applicant to respond to an Office action, but the applicant later proved that a response was sent and the USPTO simply failed to match it with the file in a timely manner, then the case could be revived). Also, regardless of the status of an application within the USPTO, the owner may still claim common law rights, i.e, the mark may still be in use in commerce. Quote Link to comment Share on other sites More sharing options...
jennyjo Posted May 13, 2010 Author Share Posted May 13, 2010 gotcha-thanks! I didn't think to look for the definition there. Quote Link to comment Share on other sites More sharing options...
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