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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.
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NOTE: You must complete any field preceded by the symbol "*".
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NOTE:
This form has a session time limit of 60 minutes. If there is no activity within 60 minutes, the form will
expire and you must begin again. A session begins once you click the Continue button, below. "Activity" means
performing an actual function within the form (e.g., entering data or clicking on a data field), not merely
moving "back" or "forward" from within your browser.
Each time a function is performed, a new 60-minute period begins. Therefore, this session time limit
should only be a problem if you start the form and then totally stop work for more than 60 minutes, but
will not be an issue if you happen to take longer than 60 minutes of steady
work to complete the form.
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OR
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2. Is an attorney
filing this form?
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NOTE: If you answer YES to this question and file this form, the USPTO will presume that you are now the applicant's attorney only if (1) the applicant has not previously appointed an attorney to prosecute this application (i.e., the applicant was acting pro se); or (2) multiple attorneys from your firm had been appointed previously, and you are now to become the new "primary" attorney rather than simply being one of the "other appointed attorneys." This filing will electronically update the "Attorney of Record" data in the USPTO's TARR database, and no separate filing of an Appointment of Attorney> signed by the applicant is necessary. But if the applicant previously did appoint an attorney, and you were never listed as one of the "other appointed attorneys," the USPTO will NOT recognize you as the applicant's attorney, and you may NOT file this form on behalf of the applicant, unless and until a Revocation and Appointment of Attorney signed by the applicant has been filed.
WARNING: If the applicant has only recently filed the Appointment of Attorney form, the TARR database may not yet be current. If this form does not automatically display the latest information in the "Attorney Information" section, please make the appropriate entries, to ensure a complete filing record; those specific entries will electronically update the TARR database.
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3. What signature approach do you want to use? Choose one from below.
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