Abandoned Applications
Abandoned for Failure to Respond to Office Action
Abandoned means that the application is no longer pending and, thus, cannot mature into registration. During the pendency of an application, an examining attorney will issue an Office action letter to the correspondence address of record. A response to that letter must be received in the USPTO within six (6) months from the mailing date of that letter. If the Office does not receive a response within this period, the application is declared abandoned. The Office will then mail a notice of abandonment to the applicant or the applicant's attorney.
File Petition to Revive Online
Applicant may electronically file through the Trademark Electronic Application System (TEAS) a petition to revive the abandoned application (return the application to active status) if the delay in responding the Office action letter was unintentional. The form provides step-by-step instructions for filing the petition.
A Petition to Revive includes a signed statement by someone with first hand knowledge of the facts stating that the delay in responding was unintentional, a $100 petition fee and a response to the unanswered office action letter. The Petition to Revive MUST BE RECEIVED IN THE OFFICE WITHIN TWO (2) MONTHS FROM THE MAILING DATE ON THE NOTICE OF ABANDONMENT. A Petition that is not timely filed will be denied.
If a response was not filed because the applicant did not receive the Office action, the applicant must still file a Petition in order to revive the application. The applicant need not include a response to the Office action.
>> Petition to Revive Information Sheet <<
Request for Reinstatement
If the abandonment resulted from the Office mailing the office action letter to the wrong address, the Office will reinstate the application at no cost. A Request for Reinstatement may be faxed to (571) 273-8950. A REQUEST FOR REINSTATEMENT MUST BE RECEIVED WITHIN TWO (2) MONTHS FROM THE ISSUE DATE OF THE NOTICE OF ABANDONMENT. A REQUEST FOR REINSTATEMENT THAT IS NOT TIMELY FILED WILL BE DENIED.
If a timely response was received in the Office, yet the application was declared abandoned, the applicant may request reinstatement of the application, provided they can submit proof of receipt in the Office. Click on "proof" for a listing of acceptable forms of proof of receipt in the Office.
Abandoned for Failure to File a Statement of Use
Abandoned means that the application is no longer pending and, thus, cannot mature into registration. In response to the notice of allowance (NOA), a statement of use (SOU) or request for extension of time to file a statement of use (extension request) must be received in the USPTO within six (6) months from the issue date of the NOA. If the Office does not receive a proper SOU or extension request within this period, the application will be declared abandoned. The Office will then mail a notice of Abandonment to the applicant or the applicant's representative.
File Petition to Revive Online
Applicant may electronically file through the Trademark Electronic Application System (TEAS) a petition to revive the abandoned application (return the application to active status) if the delay in responding to the NOA was unintentional. The form provides step-by-step instructions for filing the petition.
A Petition to Revive includes a signed statement by someone with first hand knowledge of the facts stating that the delay in responding was unintentional, a $100 petition fee; the required fees for the number of extension requests that should have been filed if the application had not abandoned; and either an SOU or the last extension request that was due. THE PETITION TO REVIVE MUST BE RECEIVED IN THE OFFICE WITHIN TWO (2) MONTHS FROM THE MAILING DATE ON THE NOTICE OF ABANDONMENT. A Petition that is not timely filed will be denied.
If an SOU or extension request was not filed because the notice of allowance was not received, the applicant must still file a petition in order to revive the application. A statement of use or extension request does not have to be included with the petition.
Please not that extension requests must be filed every six (6) months from the issue date of the notice of allowance until the applicant is ready to file a statement of use. In addition, the filing of a petition to revive does not stay the time for filing extension requests.
>> Petition to Revive Information Sheet <<
Request for Reinstatement
If a complete SOU or extension request was timely received in the Office, yet the application was declared abandoned, the applicant may request reinstatement of the application, provided they can submit proof of receipt in the Office. A REQUEST FOR REINSTATEMENT MUST BE RECEIVED WITHIN TWO (2) MONTHS FROM THE ISSUE DATE OF THE NOTICE OF ABANDONMENT. A REQUEST FOR REINSTATEMENT THAT IS NOT TIMELY FILED WILL BE DENIED .
A Request for Reinstatement may be faxed to (571) 272-8950. Click on "proof" for a listing of acceptable forms of proof of receipt in the Office.
Abandoned for Incomplete Response
An applicant may revive an abandoned application when the delay in responding to an Office action was unintentional. This rule does not apply to the unintentional filing of an incomplete response to an examining attorney's Office action.
When an application is deemed abandoned due to submission of an incomplete response, the applicant’s recourse is to file a petition under Trademark Rule 2.146. Such petitions can be granted only if a Petitioner demonstrates clear error on the part of the examining attorney in holding the application abandoned. See TMEP Section 1713.
