Trademark applications have a life span that can be prematurely cut short. Fortunately, if your application meets an untimely demise, there are ways to bring your application back from the dead, or "revive" it, so that you can continue to move your trademark closer to registration. Don't worry, no zombies here. (We reached our quota of corny jokes for the day!)
Notice of Abandonment
A notice of abandonment is a letter from the United States Patent & Trademark Office notifying you that your trademark application has been abandoned. They look something like this. Applications will be considered abandoned for one of 3 reasons:
- Failure to respond or provide a complete response to an office action
- Failure to provide a statement of use (only applicable when filing a trademark application on an intent-to-use basis, also referred to as a Section 1(b) Application)
- Failure to Respond to a Suspension Inquiry
When an application is abandoned it means that it is no longer pending and will not move forward towards registration unless action is taken. Receiving a notice of abandonment does not mean you should give up on your application. Instead, you should take action by attempting to revive your application or request that it be reinstated.
Petition to Revive
A petition to revive is a document filed with the USPTO requesting that your application be restored to "pending" status. You have exactly 2 months from the date you received your notice of abandonment to file a petition to revive. The cost to file a petition to revive is $100. When a petition to revive is filed, you must also address any underlying issues that led to the notice of abandonment being issued. For example, if you received a notice of abandonment for failure to timely respond to an office action, a petition to revive and a response to the office action will be required to move your application forward.
Request for reinstatement
A request for reinstatement is used to reinstate a trademark application an application was abandoned due to USPTO error. If the abandonment truly occurred in error, the USPTO will reinstate your application at no cost. Like a petition to revive, a request for reinstatement must be received by the USPTO no later than 2 months after the receipt of a notice of abandonment.
Once a trademark application is abandoned, the decision to revive the application is largely a business decision. Failure to revive an application will lead to the cancellation of the application and forfeiture of the filing fees associated with the application. It is worth at least considering revival, as the receipt of a notice of abandonment does not mean your application cannot be registered.
Have you received a notice of abandonment? Your application is not lost, we can help you revive your application and secure your trademark.
Hawkins Law Offices, LLC is an intellectual property law firm specializing in the protection, maintenance, and monetization of its client's trademarks. We are dedicated to representing creators. If you have any questions regarding this article or would like to speak with an experienced trademark attorney, please do not hesitate to contact us.