Can a registration that has expired or been canceled be revived if maintenance documents were not filed?

A registration that has expired or been canceled cannot be revived if maintenance documents were not filed. Trademark registrations require certain maintenance actions, such as the filing of Declaration of Use and Renewal Applications, to remain active. If these documents are not submitted within the required time frames, the registration lapses.

Once a trademark registration is canceled or has expired, the owner must start the application process anew if they wish to regain trademark rights. This means that the trademark will no longer have the legal protections it once held under the prior registration. The procedure involves filing a new application for the mark and going through the registration process again, which includes a new examination by the USPTO.

This rule underscores the importance of timely filing maintenance documents to avoid the loss of trademark protection.