Asked in Trademark for California

Q: Registered a trademark, however it appears as abandoned or failure to response. Is there a quick solution to this?

Trademark name : CELOSA ROSE

Related Topics:
2 Lawyer Answers
Dane E. Johnson
Dane E. Johnson
Answered
  • Trademarks Lawyer
  • Portland, OR
  • Licensed in California

A: The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support applicant’s domicile address or appoint a U.S. licensed attorney.”

It is sometimes possible to revive a trademark that has unintentionally been abandoned by filing a Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action form. But the petition must be filed within two months of the issue date of the notice of abandonment. If the deadline has passed, an abandoned trademark cannot be revived.

Registration might still be possible with a new application. A good step would be retaining an experienced trademark lawyer to search for whether the desired mark still appears available. Someone else might have filed the same or a similar application while the previous application was pending. An attorney can also assist in handling any other Office actions and moving the application to a successful trademark registration.

Fritz-Howard Raymond Clapp agrees with this answer

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: The application was to register CELOSA ROSE on the basis of "intent to use" the mark for Mezcal, and the trademark examiner issued an "Office Action" in April 2021 requiring a translation, to which there was a response, but then issued another office action in May 2021 requesting information regarding applicant's domicile. There being no response within six months, the application was deemed abandoned.

Apart from these two deficiencies, the application was otherwise likely to be cleared for publication and eventual registration.

The applicant may file a new application based on actual (rather than intended) use, whenever that happens, and make sure that the new application has the needed translation and domicile information that the first application did not supply.

The applicant should consult a qualified trademark attorney to advise further and to file the new application to register the mark.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.