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
of Correspondence Address form.
ENTER APPLICATION SERIAL NUMBER BELOW OR ACCESS PREVIOUSLY FILLED-OUT/SAVED FORM.
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.
| TEAS Form Burden Statement