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. 37 C.F.R. §2.65.
"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. 37 C.F.R. §2.66.
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.
| TEAS Form Burden Statement