If a US trademark has been cancelled and its company bankrupted, does this mean I can register it again?

By：Rayna Date：2025-02-18

If a US trademark has been cancelled and the company that owned it has gone bankrupt, you may be able to register the same trademark for the exact same purpose/description, but there are several important factors to consider:

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1. Trademark Availability

  • Abandonment Period: If the trademark was cancelled due to non-use or abandonment, it may be available for registration by someone else. However, you must ensure that the trademark is no longer in use by the original owner or any other party.

  • Likelihood of Confusion: The USPTO will reject your application if the trademark is likely to cause confusion with an existing registered or pending trademark, even if the original trademark was cancelled.


2. Public Perception and Goodwill

1)Residual Goodwill: If the cancelled trademark still has residual goodwill or recognition among consumers, the original owner (or their legal successors, such as bankruptcy trustees) may have a claim to it. This could lead to legal disputes if you attempt to register and use it.

2)Consumer Confusion: If consumers associate the trademark with the original company, using it for the same purpose/description could lead to confusion, which might result in legal challenges.


    3. Bankruptcy and Asset Distribution

  • Trademark as an Asset: In bankruptcy proceedings, trademarks are considered intellectual property assets. These assets may have been sold or transferred to another party as part of the bankruptcy settlement. You should investigate whether the trademark was sold or transferred to a third party.

  • Bankruptcy Records: Check the bankruptcy court records to determine if the trademark was part of the bankruptcy estate and whether it was liquidated or reassigned.


4. USPTO Requirements

  • Distinctiveness: The trademark must still meet USPTO requirements for distinctiveness and not be generic or merely descriptive.

  • Proper Use: You must demonstrate a bona fide intent to use the trademark in commerce or already be using it in connection with the goods/services described in your application.

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Steps to Take Before Registering

1. Conduct a Comprehensive Trademark Search: Use the USPTO's TESS system to ensure the trademark is not already registered or pending for similar goods/services.

2. Check Bankruptcy Records: Investigate whether the trademark was sold or transferred during the bankruptcy process.

3. Assess Market Perception: Determine whether the trademark still carries residual goodwill or recognition that could lead to legal issues.

4. Consult a Trademark Attorney: A legal professional can help you navigate the complexities of trademark law and avoid potential disputes.

While it may be possible to register a cancelled trademark for the same purpose/description, you must carefully evaluate its availability, legal status, and market perception. Conduct thorough research and consult a trademark attorney to ensure your registration does not infringe on any existing rights or lead to legal challenges.


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