Trademark Status

[Bushman]

I have used the search for a trade mark on the .gov website and can see a few different statuses. Does anyone know what the difference is between Dead and Expired and also Protected and Registered.

Thanks

 

[hazeleigh]

In the USA The USPTO defines a dead mark as: “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.

In the UK/EU trademarks can be lost through abandonment, cancellation, or expiration. ... A:Trademarks will expire by law after 10 years unless the owner files an Application for Renewal before the end of the tenth year following the date of registration

Protected marks....not sure what you mean. Trade marks can be protected for up to ten years Perhaps you mean protected in the geographical sense see http://ec.europa.eu/internal_market/iprenforcement/docs/observatory/gi-designations_en.pdf

Registered marks are registered marks and you can carry the symbol (r)

Good luck
Michael
Lawdit Solicitors
lawdit.co.uk

 

[Bushman]

In the USA The USPTO defines a dead mark as: “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.

In the UK/EU trademarks can be lost through abandonment, cancellation, or expiration. ... A:Trademarks will expire by law after 10 years unless the owner files an Application for Renewal before the end of the tenth year following the date of registration

Protected marks....not sure what you mean. Trade marks can be protected for up to ten years Perhaps you mean protected in the geographical sense see http://ec.europa.eu/internal_market/iprenforcement/docs/observatory/gi-designations_en.pdf

On the .gov website there seems to be 4 different statuses in use, Dead, Expired, Protected and Registered.

What I was asking is if anyone knows the different meanings for the statuses. Expired and Registered seem pretty self explanatory but what do the others mean?

 

[surreyaces]

https://www.gov.uk/government/publi...k-data-release/ipo-data-explained-2016#table2

See section2

 

[surreyaces]

There is a six month grace period after a mark has expired, during which it can still be reinstated, after that grace period has passed, the mark is dead and cannot be revived.

 

[Bushman]

https://www.gov.uk/government/publi...k-data-release/ipo-data-explained-2016#table2

See section2

Thanks, that explains all but the "Protected" status. But I guess if it's marked protected it can't be registered anyway.

 

[surreyaces]

I think protected is a status given to International trade marks that designate the UK. These marks are in force and should be treated as equivalent to UK trade mark registrations. In other words, don't discount them!