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Trademark Electronic Application System - TEAS Application

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
TEAS - Version 5.2 : 08/23/2014

GENERAL FORM INFORMATION:
  • 60 MINUTE TIME LIMIT: This form "times-out" 60 minutes after accessing this page unless you extend the time limit when the time-out warning appears on screen. To avoid timing out, please have all information ready before starting your session.
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  • REQUIRED FIELDS: All have an ASTERISK (*), and the form will not validate if these fields are not filled-out.

NOTE: 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 file 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.

WARNING: 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.

FOLLOW THE 4 STEPS TO ACCESS THE PETITION OR PETITION WITH RESPONSE FORM:

STEP 1: CHECK STATUS.
To use this form, the "Current Status" of your application must be "Abandonment - Failure To Respond Or Late Response." Click here to confirm the status before proceeding. If the application is not in the correct status, you must wait until the status is updated. Otherwise, you will receive an error message when you click the "Continue" button at Step 4.

STEP 2: ENTER APPLICATION SERIAL NUMBER BELOW OR ACCESS PREVIOUSLY FILLED-OUT/SAVED FORM.

: (Do not enter serial number if you are accessing your saved form.)
     OR

NOTE: This button should not be used to attempt to upload or attach any other file, for example, a specimen image or a foreign registration certificate. For these or any other types of attachments, after answering "Yes" to the appropriate wizard question(s), you can then attach the file within the specific part of the form relating to that issue.

STEP 3: ANSWER ALL WIZARD QUESTIONS.
You must answer all wizard questions appearing directly below, now currently set on "No" as a default (unless you are accessing a previously filled-out/saved form, then see STEP 2, above). At least one answer must be "Yes" or your response will be completely blank. You should review the Office action and then answer "Yes" to any question that directly relates to a requirement and/or refusal raised in the Office action. You must respond explicitly to each refusal and/or requirement; that is, if the examining attorney requires specific wording, you must enter that wording in the proper place in the form.

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 Continue 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 Continue 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.

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

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.

A RESPONSE WITH ONLY YOUR SIGNATURE IS NOT ACCEPTABLE. Merely providing a response with a signature and no other information, or authorizing the examining attorney to make any necessary changes to the application without specifying the exact changes, is not a proper response to the Office action (except if the only issue raised was that the original filing was unsigned, improperly signed, or lacked the required declaration language).

STEP 4: ACCESS ACTUAL PETITION OR PETITION WITH RESPONSE FORM.
Click on the "Continue" button below to access the petition or petition with response form for entering your information.


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Thu Oct 30 08:54:51 EDT 2014