What are the requirements to file a Trademark Revival?

A Trademark Revival is the process of restoring a trademark registration that has been abandoned due to non-use. The trademark owner must show that the trademark was in use during the period of non-use, or that the non-use was due to circumstances beyond the owner’s control. In order to file a Trademark Revival, the following requirements must be met:

  1. The trademark must have been previously registered with the USPTO.
  2. The trademark must have become abandoned due to non-use.
  3. The trademark owner must show that the trademark was in use, or that the non-use was due to circumstances beyond their control.
  4. The trademark owner must provide a specimen showing the use of the trademark in commerce.
  5. The trademark owner must file a proper application, including the appropriate fees and any necessary documentation.

It is important to note that reviving a trademark is a complex process and it is recommended to seek the help of an experienced trademark attorney. The trademark owner must demonstrate that the trademark was in use, or that the non-use was due to circumstances beyond their control, and provide evidence to support this. An experienced attorney can assist with ensuring that the necessary documentation and evidence is provided, and that the application is properly prepared and filed.