How to Check If an Expired Trade Mark Is Available for Registration

· Editorial Team
Due Diligence Registration Guide

You've found an expired or dead trade mark that would be perfect for your business. Before you rush to file an application, there are several important checks you should carry out to assess whether the name is genuinely available.

Step 1: Check the Current Register Status

Verify the mark's current status on the IPO trade mark register. Our database is based on the IPO's bulk data release, but the live register will have the most up-to-date status. Confirm that the mark is genuinely expired or dead, and check whether the former owner has filed a new application for the same or similar mark.

Step 2: Search for Current Use

The most important check. Even without a registration, the former owner may have common law rights through continued use. Search for:

  • The business name on Companies House
  • Active websites and social media accounts using the name
  • Products or services currently sold under the name
  • Business directories and industry listings

If the former owner is still actively using the mark in trade, they likely retain rights regardless of the registration status.

Step 3: Check for Similar Marks

Even if the exact mark is dead, there may be similar marks still registered by other parties. A new application could face opposition if it is confusingly similar to an existing registration. Search for phonetic equivalents, spelling variations, and marks with similar visual appearance.

Step 4: Consider the Classes

Trade mark protection is class-specific. If you want to use the name in a different class from the expired registration, the risk may be lower — but common law rights under passing off are not limited to specific classes. If the former owner has a reputation in the name, they could potentially challenge your use even in a different sector.

Step 5: Check for Pending Applications

Someone else may have already spotted the opportunity. Check the IPO register for any pending applications for the same or similar marks in your target classes.

Step 6: Seek Professional Advice

If your checks suggest the name may be available, we strongly recommend consulting a qualified trade mark attorney before filing. They can conduct a comprehensive availability search, advise on the risk of opposition or passing off claims, and handle the application process.

Due Diligence Checklist

  • Confirmed mark is Expired/Dead on the live IPO register
  • No new application filed by the former owner
  • Former owner is not actively trading under the name
  • No confusingly similar marks currently registered in your classes
  • No pending applications for the same or similar name
  • No active use of the name found online
  • Professional advice obtained from a trade mark attorney

This article is for informational purposes only and does not constitute legal advice. Always consult a qualified trade mark attorney before making filing decisions.

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