The United States Patent and Trademark Office (USPTO) "abandons" a trademark application whenever the USPTO does not receive a
timely-filed Statement of Use (SOU) or Request for an Extension of Time to File a Statement of Use (Extension Request) in response
to a Notice of Allowance. "Abandoned" means that the application is no longer pending, and, therefore, cannot mature into a
registration. You may petition to revive an abandoned application and request that the USPTO return the application to active
("pending") status only if the delay in filing an SOU or Extension Request was unintentional.
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
the USPTO's Trademark Electronic Application System (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.
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.
| TEAS Form Burden Statement