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Trademark Electronic Application System
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

TEAS - Version 5.2 : 08/23/2014

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.



NOTE: You must complete any field preceded by the symbol "*".

WARNING: This form has a session time limit of 60 minutes. Your "session" began as soon as you accessed this initial Form Wizard page. If you exceed the 60-minute time limit, the form will not validate and you must begin the entire process again; you can, however, extend the time limit. You should always try to have all information required to complete the form prior to starting any session.


:      (required only if completing the form for the first time)
     OR

If appropriate to file at this time, please answer all of the questions below to create a Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form showing only sections relevant to you. Then press the NEXT button. For more information regarding any of the following questions or topics, either go to HELP or click on the underlined word.
NOTE:You can file a Statement of Use along with the Petition directly through this form, if it covers all of the goods/services based on Section 1(b), intent to use. To file a Statement of Use with a Request to Divide, first complete the Petition form, then use the separate Statement of Use form. WARNING: The Extension Request MUST be granted first before you may file a TEAS Statement of Use with the Request to Divide.

1. Did you receive the original Notice of Allowance (NOA)?
NOTE: If you answer "No," the NOA will be reissued, unless you still want to file an SOU this form (see #2, below).


2. Do you want to file a Statement of Use with the fees for the missing Extension Request that must be filed directly within this form? See NOTE at #1, above.



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Sun Nov 23 19:45:51 EST 2014