Q: If a trademark has been abandoned because no statement of use has been filed (deadline is past), how can it be reclaimed
The filing was originally done in NYC.
A:
Was this a state trademark filing or a national one? The renewal document for a NY state trademark is just called an "Application for Renewal," so your use of the title "statement of use" suggests to me that we are talking about a national trademark filed with the US Patent and Trademark Office. Also, it sounds as if you are talking about an intent to use application, which then requires that a statement of use be filed within a certain amount of time. You have six months from the date of a notice of allowance in which to file either a statement of use or a request for a six-month extension of time. You can file multiple extensions (up to five six-month extensions). If you fail to file either document before the deadline, then the application becomes abandoned.
So, if that is where you are, then to continue the application process, you must file a petition to revive the application within 2 months of the abandonment date. Otherwise, you have to start over with a new application from scratch, unfortunately.
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