Trademark Application Abandoned? – You Might Be Able To Revive Your Application
The USPTO allows one to revive an abandoned trademark application for failure to respond to an office action, under two circumstances:
- You did not receive the Office action; or
- Your failure to respond timely was unintentional
The deadline to file the Petition is 2 months from the issue date of the notice of abandonment of the trademark application and must include:
(1) A signed statement by someone with firsthand knowledge of the facts, stating that the delay in responding by the due date was unintentional;
(2) A complete response to the Office action if the Office action was received, or, if the Office action was not received, a clear statement of this fact;
(3) A petition fee; and
(4) If applicable, the fee for an extension of time to respond.
If you have proof that the application was abandoned due to USPTO error, you can file a Request for Reinstatement of the application and include the proof. If due to USPTO error, there is no fee. The deadline is still 2 months, however.
If you would like assistance in petitioning to reinstate an abandoned trademark application, please contact one of our attorneys today.
