Issues with registering previously expired trademark

[Henrik99]

Hi All

I am interested in reviving a UK brand that manufactured items from 1900-1950s. The company has ceased to exist since that time. However someone had the trademark for the name and logo until approx. 3 years ago when it expired. Nothing seems to have been done since. They had the trademark across 3 categories and I would wish to do the same three categories.

I dont want to spend a lot of money finding that I cannot get this trademark nor do I want to alert the previous holder to my wanting to register as I am sure they would then re-register.

Is there a low cost path to pursuing this trademark in the UK and then if I can get this going for some kind of international trademark?

 

[F_B]

Reviving an expired trade mark is risky. I think the questions you need to ask yourself are:
1. How famous was the mark (e.g. Woolworths vs something more obscure), the more famous the more risky.
2. Who were the owners of the expired mark? Are they big and litigious? If they still exist it is likely they could own the goodwill associated with the mark and could therefore go for you on passing off grounds (note goodwill can be bought/sold/assigned so if the original owner sold up, a new owner could possess the rights to the goodwill).
3. When was the mark last used? If it was only used up to the 50's it would be hard for them to argue that there still exists a significant reputation.

Without knowing the answers to the above it is very hard to asses the risk of registering the mark and the risk of using the mark (these are two separate issues).

Finally, are you sure it is dead? Is it just the UK registration that has expired, does it live on as an international or European Union registration?

I note you say it expired 3 years ago, but it is worth noting that the renewal fees can be paid up to 6 months after they are due (with official fee), and then the applicant still has a further 6 months to apply for restoration after the mark has been removed from the UK register.

 

[The Byre]

Just because the official registration of a TM has long since expired, dos not mean that the USE of that TM has ceased, thereby maintaining the existence of that TM.

 

[Henrik99]

Thanks

 

[TODonnell]

Excellent answer from FrazerBye.

Here's mine:

Ha, ha, "where there's a hit, there's a writ".

If you revive that mark and start making some money, odds are someone will come out of the woodwork.

All you need to ask yourself is:

1. Are you ready for them?
2. Would you enjoy crushing their greedy aspirations?

If yes, then bash on!