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Tag: abandonment

Reviving an Abandoned Trademark Application

A trademark application will be abandoned by the Trademark Office if a deadline passes without you taking certain action. This can happen, for instance, if the Trademark Office has issued you an Office Action that requires a response, and the normal 6-month period for response elapses. It will also happen if you filed an intent-to-use trademark application, the Trademark Office sent you a Notice of Allowance, but you failed to submit a Statement of Use within 6 months showing that you were properly using the mark in commerce.

 An abandoned trademark application isn’t necessarily lost and gone forever. While in some cases you may have to re-file the application anew, in other cases, you may be able to petition for the revival of the application.

There are limitations on these petitions to revive. They must be filed within 2 months of the abandonment, or within 2 months of the Notice of Abandonment. Your failure to make the original response deadline must have been unintentional, and you must swear to this. The petition has to be accompanied by a petition fee, and by whatever response or action was due on the original deadline.

Time is of the essence when a trademark application has been abandoned. It is therefore important that you act quickly to revive the application if it is your intent to do so. Additionally, you should respond correctly. For those reasons, consider hiring a trademark attorney to handle the petition to revive, to help ensure that the time and money you’ve already invested in the trademark application up to this point isn’t unnecessarily wasted.



Can an Abandoned Patent Application be Revived?

Did you miss a deadline with the Patent Office or pay the wrong fee?  Doing these things, and some others, can cause your application to become abandoned.  An abandoned application isn’t necessarily dead.  You have a couple of options.

First, if you suspect that it was the Patent Office’s fault that your application was abandoned, you can ask for the holding of abandonment to be withdrawn.

If, however, the application was abandoned without fault by the Patent Office, you’ll have to admit it by filing a petition that says the delay in filing the proper action was either unintentional or unavoidable.  A petition claiming unintentional delay must be filed within a certain amount of time and the petition must be accompanied by a fee.  A petition claiming unavoidable delay doesn’t have such a deadline, but also must be filed along with a fee.