Can I Use an Abandoned Trademark?

Trademarks are alive—they grow, they change, and sometimes they die.

What would you like to protect?

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can i use an abandoned trademark

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Updated on: November 8, 2022
Read time: 3 min

Trademarks are unlike other forms of intellectual property. While patents and copyrights have defined boundaries and rigid time limits, trademarks are defined by use. The protections provided by a trademark extend as long as it is in use—potentially forever. And like any living thing, trademarks require care and maintenance to stay alive.

When a forgotten trademark stops being used, you can't simply use it as your own. Instead, you can fill the spot the expired trademark vacated with a brand new trademark that protects exactly what you need.

designer measuring patterns in her studio

What does it mean when a trademark is abandoned?

To understand trademark abandonment, you need to understand trademark maintenance. Federal trademarks, for example, require periodic maintenance filings and fees. Those filings ensure that the trademark in use is still the one for which the owner originally filed protection. If your trademark changes, or if your product changes, it will be reflected in your filings to the federal government. A trademark that has outgrown or shifted from its original product has the potential to go abandoned.

Keep in mind that the trademark protects the relationship between your products and your customers, ensuring that your customers identify you as the source of those goods. Your trademark is literally the brand you put on your product that says you provided it. Think of the maintenance process as ensuring that the brand means the same thing to your customers. That relationship can change over time. The trademark and the product can grow together, can grow apart, and sometimes the trademark can die.

Keeping a registered trademark active requires both periodic maintenance filings and fees.. You can explicitly abandon the trademark by filing the right paperwork at the trademark office, which means intentionally putting down what was once your intellectual property. Alternatively, you can simply stop maintaining your trademark and let your trademark eventually fall into abandoned status.

How do I register an abandoned trademark?

You can't simply register an abandoned trademark. The trademark as it once existed is now dead. Where it once stood there is now an open space. In the past, the existing trademark prevented competitors from using the same kind of trademark. Those rights are now gone, creating an opportunity to create something similar, even related, but ultimately new. The relationship between your customers and your product will never be exactly the same as the relationship between the original mark holder and the original product. You cannot simply plug the old mark into your new business and expect the same result. The application you file will not be exactly the same.

What your new application can do is infringe the now dead trademark. No one can sue you for creating a new and similar trademark. Trademark infringement does not require the use of an identical mark—just one that's close enough to make customers think goods or services come from the same source.

Rather than re-animate its corpse, you are creating a new, living, breathing relationship with your customers. Protect that new relationship with a new trademark and fill the gap left by the dead trademark.

Trademark abandonment seems simple but really requires a sophisticated understanding of what trademarks are, what they protect, and where they end. Once you know that, it's easy to find a dead trademark and replace it with a new, living, and breathing trademark.

What would you like to protect?Start my trademark
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

77 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
80 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
96 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
95 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
102 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
120 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
147 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
147 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
151 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
157 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
176 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
183 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
218 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
214 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
223 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
225 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
242 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
249 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,751+ reviewson

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