In State of California, can I renew a expired trade mark ?
Curious why you are going after a regional mark registration and not nationally? Are the goods and/or services provided in association with the mark truly limited to California?
But to answer your question, usually (with some narrow exceptions), expired = done deal, i.e. no renewal. But you can refile as a new registration application.
You can refile for a new registration. Federal marks have some limited situations in which you can get an expired mark reinstated where the trademark office messed up and not you. But your question sounds like California so disregard that if it was a state-registered mark.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
I think you're asking whether you can renew a trademark REGISTRATION issued by the State of California that has expired. No. A new application must be filed.
Trademarks, themselves, cannot expire. They can, however, be abandoned by their owners due to lack of use and so, in time, they become available for others to use. So if by "expired trade mark" you mean a mark that no one uses any longer then, perhaps, you can lawfully adopt it as your own.
In any event, you need to speak with your own California-registered trademark attorney. There are MANY benefits of having a state registration even if the mark qualifies for a federal registration [and, if it does, to have both registrations].
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Assuming your expired trademark was a federal trademark applied for through the USPTO (since it rarely makes any sense to just apply for a state's trademark), you can still reapply for the same trademark and if no one has applied for the same trademark since yours expired, it may be granted to you again. You should have a trademark search performed, however, by a reputable company that does trademark searches as their cost is much less than hiring an attorney, paying their fees and the trademark application fee and then being told that the trademark has been applied for by someone else after yours expired. Keep in mind also, that you or someone else may still have rights by virtue of prior usage of the trademark even against someone who later applies for a trademark. If your expired trademark was a California state trademark, and you now reapply, this time apply for a federal trademark. And if you want further international protection, read up on the Madrid Protocol.
All good answers by the posters who are CA lawyers. Are you talking about a state registration? And if you are, why don't you consider filing a federal registration? State registrations are fairly worthless if you have a real business, especially if you are selling online. And if your registration is federal a dead registration is just that -dead. Make sure that there is no one intervening filing and then re-file. You ought to see a TM lawyer since there could be issues and why be surprised 6 months from now?
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline