Q: How do I go by responding to a abandoned trademark
A:
A trademark application or registration can be considered abandoned for a number of reasons, but there are actions you can take to reverse it.
If you or someone else has applied for a trademark, but for some reason did not continue the process after receiving an Office Action or Notice of Allowance, there are steps you can take to restart the application.
You will have to file a petition with the United States Patent and Trademark Office (USPTO) to revive the application within six months after the USPTO's electronic records show the application is abandoned. This deadline also applies to applications and registrations that have been abandoned, expired, or canceled because of an error made by the USPTO.
If you've found your trademark application has been abandoned, include these with your petition to revive your trademark application:
- A statement that says the delay was unintentional. The USPTO normally accepts claims the delay was unintentional, unless they have proof otherwise. If the delay was due to an incomplete response to an Office Action, it won't be considered unintentional. The ODC could extend your time to respond if the incomplete response was an accident, or they could deny it altogether.
- The fee for the petition.
- If the trademark abandonment was due to a lack of response to the original Office Action, you must now send that response. If you didn't get one, mention this in the petition and a new one will be sent out.
- If the abandonment was due to a failure to file for an extension, file it here, along with the appropriate fees.
- If there are any problems with the petition, you'll be notified and have 30 days to fix it.
Your petition will be denied if you've applied for an intent-to-use trademark application and accepting the petition would extend the 36 months you would normally have to file your statement of use.
These rules are only concerned with abandoned trademark applications -- not post-registration filings. If the Office Action response failure is a Section 8 Affidavit or Section 9 Renewal Application, a petition to revive will not be available. These are to prove you are still using the trademark.
f you need help with reviving an abandoned trademark registration, you can email me at: jason@altviewlawgroup.com
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