Reviving a Trademark: Steps to Reinstatement

Reinstate a Canceled or Abandoned Trademark in New York State

Losing a trademark can feel like watching your brand slip through your fingers. For business owners in New York State, that mark represents years of hard work, reputation, and growth. When it’s canceled or marked abandoned, the clock starts ticking. You’re left wondering whether you can bring it back and how fast you need to act. 

At Horn Wright, LLP, we help New York businesses regain control of their trademarks. If your mark has lapsed or been canceled, our intellectual property attorneys can assess your options and move quickly. We’ll handle the reinstatement process or advise on whether re-registration makes more sense for your situation. With offices serving clients across New York, we’re ready to step in when your brand’s identity is at risk.

Understand Why Your Trademark Was Canceled

Every canceled trademark in New York tells a different story. The cause might be simple, like missing a renewal deadline. Or it might involve more complex problems such as a dispute over ownership or a failure to prove continued use. The most common federal triggers include:

• Missing the Section 8 Declaration of Use
• Failing to file a timely Section 9 Renewal
• Letting the six-month grace period pass without action

If your business is New York-based, local circumstances can also play a part. Some business owners forget to update the United States Patent and Trademark Office (USPTO) after moving offices from Albany to Rochester. Others assume filing once with the New York State Department of State protects them long-term. It doesn’t. Knowing exactly why your trademark was canceled will shape your next steps.

Check Trademark Status Using TSDR or State Databases

Before reviving a mark, confirm its current status. Use the USPTO’s Trademark Status & Document Retrieval (TSDR) tool to search for federally registered marks. For state-registered trademarks, check records maintained by the New York State Department of State.

In both cases, you’re looking for terms like:

• “Canceled”
• “Dead”
• “Abandoned”

Make sure the listed owner name and address match your New York business registration. If you changed locations, say, from White Plains to the Bronx, without updating the USPTO, your mail notices may have never arrived.

Evaluate If Reinstatement or Re-Registration Fits Best

You have to decide: Can you bring this mark back to life, or do you need to start over?

In New York, where competition is fierce, another company may have filed something similar while your mark was inactive. Start by checking both federal and New York State trademark databases to make sure the name, logo, or slogan hasn’t been taken.

If no one’s claimed it, you might:

• File a petition to revive with the USPTO
• Submit a re-registration with New York State
• Modify your application to reduce conflict

But if someone’s using the mark or something close to it, you might need to rethink. Consider adjusting the brand slightly and filing a fresh application.

Act Quickly: Review USPTO and NY Timelines

Time is not on your side. The USPTO allows you to petition to revive an abandoned application within two months of receiving a notice of abandonment. If you missed a deadline without realizing it, you might still be within the six-month window for certain filings.

State-level reinstatement in New York works differently. If your trademark registered with the New York Department of State expired, there’s no petition process. You’ll likely have to file a brand-new application.

Here’s what you should do now:

• Check the date of abandonment or cancellation
• Confirm how long it’s been since your last communication
• Gather proof of unintentional delay (if using the USPTO petition process)

Delays can cost you the chance to reclaim your brand. In competitive areas like Brooklyn or Manhattan, names get snatched up fast.

Gather Supporting Documents to Prove Intent or Use

To prove you’re still using the trademark, or that you intended to, you’ll need real, date-stamped documents. The USPTO and New York State both expect to see evidence that supports your claim.

Prepare:

• Labels, tags, or product packaging with the mark
• Invoices showing business operations in NY
• Digital ads targeted to New York consumers
• A signed declaration explaining why you missed the deadline

Your documentation should clearly tie the trademark to a living, breathing business. If you’re based in Staten Island and have operated without gaps, your history becomes a key piece of the puzzle. You’ll also want to show trademark use the right way, especially when filing new materials or petitions with the USPTO. 

File a Petition to Revive with the USPTO

If your federal application or registration was abandoned due to a missed deadline, you’ll need to file a Petition to Revive. Use the USPTO’s online TEAS portal.

The process requires:

• A completed petition form
• A statement that the delay was unintentional
• Payment of the required fee (currently $150 to $250, depending on type)
• All missing documents that caused the abandonment

Be precise. If you’re filing on behalf of a Brooklyn-based LLC but list an outdated Queens address, your petition might get denied. Always match your business details exactly as filed.

Re-Register with the New York State Department of State (If Applicable)

For trademarks registered only within New York, reinstatement isn’t an option. Once expired or canceled, you’ll need to submit a new application through the Division of Corporations, State Records and Uniform Commercial Code.

Follow these steps:

• Search the NY trademark database for conflicts
• Update ownership and business structure details
• File a new application with updated specimens

You may also need to include a new filing fee and a list of goods or services that use the mark in-state. If your business is physically located in Buffalo, including a storefront address or shipping invoice helps reinforce your active use.

Monitor Your Trademark to Prevent Future Lapses

Once you’ve revived or re-registered your trademark, the work isn’t over. Many New York businesses lose their marks again simply by forgetting routine filings.

To keep your trademark safe:

• Mark all USPTO deadlines in a shared business calendar
• Sign up for status alerts on the USPTO website
• Set renewal reminders for New York State registrations
• Hire a local IP service to manage your filings

Trademark protection requires regular upkeep. Whether you’re operating from Yonkers or Ithaca, it pays to stay ahead of every deadline.

Get Legal Help If Your Trademark Was Infringed During the Lapse

Canceled or abandoned trademarks leave openings. If someone in New York began using your mark during that time, you might still have legal rights, but it gets complicated. The longer your mark was inactive, the weaker your claim becomes.

Here’s what you can do:

• Review when the other party started using the mark
• Check for overlapping product categories
• Gather records showing continued or resumed use

If the conflict escalates, a cease-and-desist letter or a cancellation petition might be appropriate. You’ll want support from a New York attorney familiar with trademark enforcement in federal court and before the USPTO’s Trademark Trial and Appeal Board (TTAB).

Weigh the Risks of Letting the Mark Stay Dead

Sometimes revival isn’t the right call. Maybe the name no longer fits. Maybe the market has shifted, and your old brand holds little value. In these cases, starting fresh may be the smarter option.

Before deciding, think about:

• Has another New York business legally secured rights to the name?
• Does your old trademark carry negative associations?
• Would a rebrand open better opportunities?

If you’re operating in competitive areas like Long Island or Queens, owning a mark that no longer reflects your business can hold you back. Letting go of a dead trademark can sometimes mean growth.

Keep Your Brand Protected in New York

Trademark reinstatement takes time, planning, and the right documentation. But if you move quickly, your brand may still be recoverable. At Horn Wright, LLP, we help New York businesses take the right steps to protect what they’ve built. If your trademark was canceled or marked abandoned, our attorneys can review your records and take swift action.

You can contact us to start that conversation today. Your identity deserves protection, and we’re here to help you reclaim it.