Father passed away during trademark process- refund possible?

[Lindseym07]

What is the name of your state (only U.S. law)? TN
My father was hospitalized on March 3rd, 2013 , a trademark was registered on March 12th automatically while my father was incapacitated, and on March 24th 2013 my father passed away. Right now the family is in a financial situation where we are flooded with medical bills as my father was in the hospital for about 3 weeks in the ICU and the trademark registration was something like $2,500 and it was to be used for a business prospect- but now he is getting no use out of it and didn't even begin to get use out of it. The USPTO office I called and spoke with told me they do not refund at all. I know I can probably get the trademark cancelled but I am wondering if this fee- which I suppose was paid before he was hospitalized and not automatically taken from his account during hospitalization- can be refunded, even if it's just a portion. It just seems unfair that there isn't going to be any use of this trademark and it has to be paid for. Also, My father was the only one of the trademark registration. Thanks for any advice in this matter!!

 

[OHRoadwarrior]

No one except the executor of your fathers estate has any standing regarding his trademark. Unless you signed some type of paperwork, agreeing to be responsible for dads bills, you have no legal obligation to pay them. Therefore, you have no financial problem. The USPTO clearly states that the fee is to cover the process, whether a mark is granted or not. The work was performed, so the money is owed.
http://www.uspto.gov/trademarks/process/index.jsp

 

[quincy]

What is the name of your state (only U.S. law)? TN
My father was hospitalized on March 3rd, 2013 , a trademark was registered on March 12th automatically while my father was incapacitated, and on March 24th 2013 my father passed away. Right now the family is in a financial situation where we are flooded with medical bills as my father was in the hospital for about 3 weeks in the ICU and the trademark registration was something like $2,500 and it was to be used for a business prospect- but now he is getting no use out of it and didn't even begin to get use out of it. The USPTO office I called and spoke with told me they do not refund at all. I know I can probably get the trademark cancelled but I am wondering if this fee- which I suppose was paid before he was hospitalized and not automatically taken from his account during hospitalization- can be refunded, even if it's just a portion. It just seems unfair that there isn't going to be any use of this trademark and it has to be paid for. Also, My father was the only one of the trademark registration. Thanks for any advice in this matter!!

Did your father hire someone to file the registration for him, or did he register his trademark under several different classes? I am curious about the $2500 amount you say was spent on registration.

Had your father started to use the trademark in commerce at all prior to registration - in other words, did he operate a business and only recently decided to register his business trademark? Or had your father filed an intent-to-use application, expecting to use the trademark for a new business in the near future?

Because you say that the trademark was to be used for a "business prospect," it makes me think the mark has never been used to identify a business, product or service.

As a note, a trademark can be sold - not to say that your father's trademark would necessarily have any value or that you inherited the right to sell it. Selling a trademark can be an involved process, however, even without the death of the trademark holder to complicate matters.

As an additional note, there is a fee for cancelling a trademark's registration.

You are probably best served by contacting an attorney in your area, to guide you and your family in dealing with the medical expenses incurred as a result of your dad's time spent in the ICU.

I am really sorry about the loss of your father, Lindseym07.