Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

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	Trademark Electronic Application System - TEAS Application
	United States Patent and Trademark Office

The United States Patent And Trademark Office (USPTO) "abandons" a trademark application whenever the USPTO does not receive a timely-filed response to an examining attorney's office action. "Abandoned" means that the application is no longer pending, and, therefore, cannot mature into a registration. You may file a petition to revive an abandoned application and request that the USPTO return the application to active ("pending") status only if the applicant's delay in responding to the office action was unintentional. 37 C.F.R §2.66. NOTE: Do not use this form if your application has been abandoned due to the submission of an incomplete response. You must filed a petition to the Director to reverse the holding, under 37 C.F.R. §2.146 (no electronic form exists for this purpose).

You must file the petition to revive no later than two (2) months from the mailing date of the notice of abandonment. Otherwise, the petition will be untimely, and the application will remain abandoned. You may file a new application through TEAS. If you never received the notice of abandonment, the petition must be filed within two (2) months of actual knowledge of the abandonment, and you must have been diligent in checking the status of the application every six (6) months. 37 C.F.R. 2.66(a)(2).

If you never received the notice of abandonment and you can establish that you were diligent in checking the status of the application every six (6) months, contact the Office of the Commissioner for Trademarks for further information on filing the petition by mail. For information on establishing diligence, see Exam Guide 1-03, Section IV.

Advisory Note: You must maintain an accurate correspondence address with the USPTO. All changes must be made in writing, or through the electronic Change of Correspondence Address form.

WARNING: This form has a session time limit of 60 minutes. Your "session" began as soon as you accessed this initial Form Wizard page. If you exceed the 60-minute time limit, the form will not validate and you must begin the entire process again; you can, however, extend the time limit. You should always try to have all information required to complete the form prior to starting any session.

Required fields are indicated with an asterisk (*).

* Serial Number: (required only if completing a new petition form; otherwise, access saved form, below)
OR

To access previously-saved data, use the "Browse/Choose File" button below to access the file from your local drive. NOTE: For detailed instructions on the process for retrieving saved data, please click here. FAILURE TO FOLLOW THESE NEW INSTRUCTIONS WILL RESULT IN THE DISPLAY OF YOUR DATA IN AN XML FORMAT THAT CANNOT BE EDITED. NOTE: Do NOT attempt to use the button below to upload an image file (for example, a specimen). You must use the button that will be presented for that purpose within the proper section of the actual form.

STEP 3: If this is a new petition or petition with response, answer each question below to build a form appropriate to your application.

1. Did you receive the Original Office Action?

To submit a response to the Office Action with your Petition to Revive, please answer the additional questions below, to create a response form showing sections relevant to you. Then, click on the NEXT button.
NOTE: If the answer to Question #1 is "Yes," a response that addresses each issue raised in the Office Action must accompany this petition. Once the petition is granted, the application will be revived and the assigned examining attorney will consider the response to determine if it meets all outstanding requirements.
NOTE: If the answer to Question #1 is "No" and you are filing the petition but not submitting the response at this time, skip directly to the NEXT button at the bottom of this page. The Office action will be re-mailed to you, and you will have a new six (6) month period in which to respond.

NOTE: If the Office Action was a Final Refusal , the only proper response is an appeal or a response that fully complies with all outstanding requirements (or a petition, if permitted under 37 C.F.R. §.63(b)(2) . Therefore, you should also file separately a Notice of Appeal with the Trademark Trial and Appeal Board. If filing a Notice of Appeal, you should respond to the Office Action by stating that an appeal is being filed. This should be stated in the area of the response form designated for presenting arguments related to a substantive refusal. If you do not file the appeal on the same day as the petition, you may not file an appeal later. For further information, see TMEP §715 et seq.

Yes No

If no, are you nonetheless now filing a response with your Petition to Revive?

Yes No

NOTE: If you did NOT receive the original office action, please check whether all of your correspondence information is correct in the USPTO database. If it is incorrect, you must submit a change in writing, or through the electronic Change of Correspondence Address form.

2. Do you want to present arguments related to a substantive refusal(s)?

NOTE: If you must submit a substitute specimen to overcome the refusal, answer YES to this question (to enter the argument portion), but then use Question #2, below, to attach the actual specimen image file.

Yes No

3. Do you need to change/delete an existing classification number; modify listing of goods and/or services; add/modify dates of use;add/substitute a specimen and/or submit a foreign registration certificate ?
Yes No

4. Do you want to make any additional statement(s) of record to address a requirement, e.g., a disclaimer or claim of a prior registration?
Yes No

5. Do you want to modify your mark? (i.e., either change the mark itself or submit a better quality image)

NOTE: While minor changes in the mark are sometimes permitted, any material alteration will NOT be permitted and will result in a refusal being issued on that ground. If submitting a new mark image, it MUST be in the JPG format (only attachments in other portions of the form (e.g., specimens, evidence) can be in the PDF format).

Yes No

6. Do you want to correct any applicant or entity information?
Yes No

7. Do you need to ADD a new class of goods and/or services? (Note: If simply CHANGING an existing classification number, use Question #3, above.)
Yes No If the answer is Yes, enter the number of classes:

8. Do you want to pay an additional fee?
Yes No

9. Do you need to submit a Signed Declaration? (i.e., either to verify an application originally submitted UNSIGNED, or to support a specific item in the petition or petition with response, designated on the form with a "#" symbol, e.g., new specimen.)
Yes No

STEP 4: If you have reviewed the Office action to confirm that your answers to the above questions properly correspond to all issues raised in the Office action, click on the NEXT button; or to start over, click on the CLEAR button.

The information collected on this form allows an applicant to request Revival of an Application Abandoned for Failure to Respond Timely to an Office Action. Responses to the request for information are required to obtain the benefit of a registration on the Principal or Supplemental register. 15 U.S.C. §1123 and 37 C.F.R. Part 2, 2.66. All information collected will be made public. Gathering and providing the information will require an estimated 5 minutes. Please direct comments on the time needed to complete this form, and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Thu Aug 28 08:19:38 EDT 2008