If your trademark application has gone abandoned because you unintentionally failed to timely file the Statement of Use, an Extension of Time, a response to a trademark office action, or a response to a suspension inquiry, you may be able to revive your abandoned trademark application by filing a Petition to Revive.
What is the Deadline for Filing a Petition to Revive?
Approximately one month after failing to file an office action response, suspension inquiry response, Extension of Time, or the Statement of Use, the United States Patent and Trademark Office (USPTO) will send out a Notice of Abandonment indicating that your trademark application went abandoned. The deadline for filing a Petition to Revive your abandoned trademark application is as follows:
- If you actually received the Notice of Abandonment, you must file it within two months of the date the Notice of Abandonment was issued.
- If you didn’t receive the Notice of Abandonment, you must file it within two months from the date you actually learned of the abandonment and no more than six months from the date TSDR shows your application went abandoned.
Requirements – Missed Statement of Use or Extension of Time
If you missed the deadline for filing the Statement of Use or an Extension of Time, the requirements for filing a Petition to Revive vary depending on the circumstances:
- If you actually received the Notice of Allowance, the Petition to Revive must include (1) a sworn statement that the abandonment was unintentional, (2) the fee for the Petition to Revive, and (3) the fee for the missed Extension of Time. If your mark is in use in commerce, you may also file the Statement of Use as part of the Petition to Revive and pay the Statement of Use fee.
- If you didn’t receive the Notice of Allowance and you’re not ready to file the Statement of Use, the Petition to Revive must include (1) a sworn statement that the abandonment was unintentional and that you never received the Notice of Allowance, and (2) the fee for the Petition to Revive.
- If you didn’t receive the Notice of Allowance but you’re able to file the Statement of Use, the Petition to Revive must include (1) a sworn statement that the abandonment was unintentional and that you never received the Notice of Allowance, (2) the fee for the Petition to Revive, (3) the fee for the missed Extension of Time, and (4) the fee for the Statement of Use.
Requirements – Missed Office Action or Suspension Inquiry Response
Similarly, if you missed the deadline for filing a response to an office action or suspension inquiry, the requirements vary depending on the circumstances:
- If you actually received the office action or suspension inquiry, the Petition to Revive must include (1) a sworn statement that the abandonment was unintentional, (2) the fee for the Petition to Revive, and (3) a response that addresses each issue raised in the office action or suspension inquiry.
- If you didn’t receive the office action or suspension inquiry, and you’re not able to file a response that addresses each issue raised in the office action or suspension inquiry, the Petition to Revive must include (1) a sworn statement that the abandonment was unintentional and that you never received the office action or suspension inquiry, and (2) the fee for the Petition to Revive.
- If you didn’t receive the office action or suspension inquiry, but you’re able to file a response that addresses each issue raised in the office action or suspension inquiry, the Petition to Revive must include (1) a sworn statement that the abandonment was unintentional and that you never received the office action or suspension inquiry, (2) the fee for the Petition to Revive, and (3) a response that addresses each issue raised in the office action or suspension inquiry.
What Happens After I File a Petition to Revive?
If you met all of the requirements, the USPTO will grant the Petition to Revive and return your trademark application to “live” status. Then, one of the following things will happen:
- If you filed the Statement of Use with the Petition to Revive and it complies with all requirements, then the USPTO will grant your trademark registration. If there’s something wrong with the Statement of Use, then the trademark examining attorney will instead issue an office action.
- If you did receive the Notice of Allowance but didn’t file the Statement of Use, then you must file the Statement of Use or an Extension of Time before the one year anniversary of the Notice of Allowance being issued.
- If you didn’t receive the Notice of Allowance and you didn’t file the Statement of Use, the USPTO will then cancel the current Notice of Allowance and issue a new one. You will then have six months in which to file the Statement of Use or an Extension of Time.
- If you filed a response to the office action with the Petition to Revive, then the examining attorney will review your response. If it satisfies all requirements, then your application will continue through the registration process. If not, then the examining attorney will issue a final office action.
- If you filed a response to the suspension inquiry, the examining attorney will take appropriate action depending on your response.
- If you didn’t file a response to the office action or suspension inquiry, the USPTO will reissue the office action or suspension inquiry and you’ll be given time in which to file a response.
Need Help Filing a Petition to Revive?
I’m experienced US trademark attorney Morris Turek. If your trademark application has gone abandoned and you need some assistance with filing a Petition to Revive, please feel free to contact me at your earliest convenience. You can call me at (314) 749-4059, send an email to morris@yourtrademarkattorney.com, or simply fill out the contact form located at the bottom of this page. I look forward to speaking with you soon.