Dead trademark?

[NorvernAdam]

I am starting up an new small business as a sole trader and was looking to register my business name, I went on to the IPO an checked for a trademark with the particular name I was after but it had already being registered. However, the status of the trademark is DEAD. It is/was WO registered in Germany and the holder of the TM is in France. It ran out in 2012 a year to this month. Can I apply to use this trademark or how do I go about registering it for myself? Thank you for any help in advance I really appreciate it.

 

[adamzany]

If the International Registration has expired more than a year ago then it should be okay for you to apply for your mark. A trademark registration can be renewed late, up to six months after the renewal date; and in exceptional circumstances it can be revived up to a year later. But thereafter it should be well and truly dead.

If you have doubts then you could apply for a Right Start application.

Trademarkit