My Trademark Was Abandoned! Now What?!

A Notice of Abandonment is a letter from the United States Patent and Trademark Office (USPTO) that informs you that your application is no longer live and cannot mature into a registration. This can happen for various reasons, such as missing a deadline to respond to an office action, failing to file a statement of use, or submitting an incomplete or incorrect response. If your trademark was abandoned, you may be wondering what options you have to revive your application and protect your brand. In this blog post, we will explain the possible scenarios and solutions for trademark abandonment and how we can help you with the process.

two people with one person pointing at their phone

A Notice of Abandonment is a letter from the United States Patent and Trademark Office (USPTO) that informs you that your application is no longer live and cannot mature into a registration. This can happen for various reasons, such as missing a deadline to respond to an office action, failing to file a statement of use, or submitting an incomplete or incorrect response. If your trademark was abandoned, you may be wondering what options you have to revive your application and protect your brand. In this blog post, we will explain the possible scenarios and solutions for trademark abandonment and how we can help you with the process.

Scenario 1: Your trademark was abandoned less than two months ago and you received the Notice of Abandonment

If your trademark was abandoned less than two months ago and you received the Notice of Abandonment, you may be able to revive your application by filing a Petition to Revive. A Petition to Revive is a request to the USPTO to reinstate your application based on unintentional delay or error. Under normal circumstances, you need to file the Petition to Revive within two months of the date when the Notice of Abandonment was issued. You must also pay a petition fee and submit any missing documents or responses that caused the abandonment. It is important to note that filing a Petition to Revive does not grant any additional time to respond to a received Office Action. When you file the petition, you will also need to file whatever was needed that led to the abandonment (Office Action response, proof of use in commerce or request for an extension of time, etc.). The USPTO will review your petition and decide whether to grant or deny it. If your petition is granted, your application will be revived and continue the examination process. If your petition is denied, you can request a reconsideration or file a new application.

Scenario 2: Your trademark was abandoned less than six months ago and you did not receive the Notice of Abandonment

If your trademark was abandoned less than six months ago and you did not receive the Notice of Abandonment, you may still be able to revive your application with a Petition to Revive. In this scenario, you will need to attest that you did not receive the Notice of Abandonment. This Petition to Revive must be filed within two months of the date when you actually received the Notice of Abandonment or within six months of the date when the Notice of Abandonment was issued, whichever is earlier. You will still need to pay the  petition fee as well as respond to whatever initially caused the abandonment. Just like in scenario 1, the USPTO will then review your petition and decide whether to grant or deny the petition.

Scenario 3: Your trademark was abandoned more than six months ago or you received the Notice of Abandonment more than two months ago

If your trademark was abandoned more than six months ago or you received the Notice of Abandonment more than two months ago, you won’t be able to revive your application by filing a Petition to Revive. However, you may still have some options depending on the circumstances of your case. For example, you may be able to file a Petition to the Director, which is a request to the Director of the USPTO to exercise discretion and waive certain rules or requirements. You must still file the Petition to the Director within two months of the date when you received the decision denying your Petition to Revive or within six months of the date when the Notice of Abandonment was issued, whichever is later. You will also need to pay a petition fee and provide evidence and arguments to support your request. The Director (or the delegated authority) will review your petition and decide whether to grant or deny it. If your petition is granted, your application will be revived and continue the examination process. If your petition is denied, you can request a reconsideration or file a new application.

Scenario 4: Your trademark was abandoned due to USPTO error

If your trademark was abandoned due to USPTO error, such as a clerical mistake or a technical glitch, you may be able to revive your application by filing a Request for Reinstatement. A Request for Reinstatement is a request to the USPTO to correct its error and restore your application. You must file the Request for Reinstatement as soon as possible after you discover the error or receive the Notice of Abandonment. You do not need to pay a fee or submit any missing documents or responses that caused the abandonment. The USPTO will review your request and decide whether to grant or deny it. If your request is granted, your application will be reinstated and continue the examination process. If your request is denied, you can request a reconsideration or file a new application.

How We Can Help You

As you can see, trademark abandonment is a serious issue that can jeopardize your brand protection and registration rights. However, it is not always the end of the road for your trademark application. Depending on how long your trademark was abandoned and when you had actual knowledge of the abandonment, you may have some options to revive your application and resume the examination process.

However, these options are not always easy or straightforward. They require careful planning and research, as well as timely and proper filing of various forms and documents. They also involve complex legal issues and procedures that may require professional guidance and assistance.

That’s why we are here to help you. We are experienced trademark attorneys who can help you with any aspect of trademark abandonment and revival. We can help you:

  • Conduct a comprehensive trademark search

  • File a complete and accurate trademark application

  • Respond to office actions

  • File statements of use

  • File petitions to revive

  • File petitions to the director

  • File requests for reinstatement

  • Monitor your trademark status

  • Renew and maintain your trademark registration

We can also help you avoid trademark abandonment in the first place by providing you with reminders and alerts of any deadlines or requirements that you need to meet. We can also help you protect and enforce your trademark rights against any infringers or competitors who may try to take advantage of your trademark abandonment.

If you have any questions or concerns about trademark abandonment and revival, please feel free to contact us today. We offer a free consultation and a flat fee for our services. We are ready and eager to help you with your trademark needs. Don’t let your trademark go to waste. Let us help you revive it and secure it for the future.