Transferring an expired service mark

[ZERO HEROES]

What is the name of your state (only U.S. law)? Texas

I'm in a band and registered the service mark in 2002, my mom did it and it's in her name. She died suddenly and the registration expired this summer. How can I get the service mark put in my name?

[divgradcurl]

Originally Posted by ZERO HEROES

What is the name of your state (only U.S. law)? Texas

I'm in a band and registered the service mark in 2002, my mom did it and it's in her name. She died suddenly and the registration expired this summer. How can I get the service mark put in my name?

If the registration was granted in 2002, then the renewal was due sometime between 2007 and 2008, with a 6-month grace period -- so even if the registration was granted Dec. 31, 2002, the renewal would have been due Dec. 31, 2008, with the six-month grace period the drop-dead date would have been June 30, 2009 -- and that's assuming a Dec. 31, 2002 date, and date before that would make the drop-dead date (6 years and 6 months from grant) earlier. So the time to renew has passed.

At this point, there isn't anything you can do about the original service mark registration. You have to file for a new registration. You are going to have to start over from scratch, so you can file it in your own name.