Intellectual Property and Trademark Law — Using an Expired Trademark

Can you use an expired trademark? Short answer: sometimes — but not automatically. If a trademark's registration has lapsed, that doesn't always mean the name or logo is free to grab. Here's a practical way to check and act without getting into trouble.

How to check an expired trademark’s status

Step one is to confirm the exact status. Look up the mark in the official trademark database for your country. In India, registered trademarks last 10 years and can be renewed every 10 years. If a mark shows "expired" or "removed," check whether the owner actively abandoned it, failed to renew, or the registration was cancelled after opposition.

Also search the market. Even if registration expired, the original owner or others might still use the mark in commerce. Unregistered use can create common-law rights or a passing-off claim if customers can confuse the brands. Don’t assume safety just because the registry shows no active registration.

Practical risks and next steps

If the mark truly is abandoned and no one else is using it, you can try to register it yourself. Before applying, do a thorough search across classes and similar spellings. Trademarks are grouped by classes, so a mark may be free in one class but still active in another.

Even with a successful registration, someone could oppose your application within the opposition period. If the original owner can show prior use, they may block your registration or sue later for passing off. To reduce risk, document how you found the mark, how you plan to use it, and perform a clearance search.

If you only plan limited or local use, note that common-law rights can still protect earlier users. That means you could face legal trouble if the previous user has built goodwill, even without a live registration.

Concrete checklist before using an expired trademark:

• Search the official trademark database for registration and renewal history.
• Search recent marketplace use — websites, social media, and sellers.
• Check trademark classes to see if similar marks exist in related goods/services.
• Consider filing a new trademark application if the mark appears truly free.
• Keep records of your search and the mark’s status in case of disputes.

If you want a safer route, consider altering the mark to avoid confusion, or register a different name that’s clearly unique. And if the mark has any history or visible use, talk to a trademark attorney before investing in brand assets. A short consult can save a lot of time and money later.

Bottom line: expired registration opens a door, but it doesn’t guarantee clear rights. Do your homework, check both official records and real-world use, and take steps to protect your business if you decide to move forward.