Q: can we reinstate this trademark with Serial Number88894416
A:
U.S. federal trademark application No. 88/894,416 ( for the mark DR. D'S REMEDIES " GIVING LIFE TO LIVES" and design) was abandoned on February 16, 2021 for failure to respond to the USPTO's Office Action (an official letter asking to make changes or refusing to register a mark on various grounds). If a trademark is abandoned for failure to respond to an Office Action, the applicant generally has 2 months in which to file a petition to revive the abandoned application, pay the revival fees and enclose a proper response to the underlying Office Action.
Here, the deadline to revive the application has long passed, so reviving this particular application is no longer possible. But potentially, a new application can be filed for the same trademark, subject to various caveats. So if this was your application and it was abandoned, it would be prudent to hire an experienced trademark attorney to determine whether filing a new application for the same mark is warranted at this time, and to assist you with a proper filing, as needed.
According to the Office Action issued in connection with the '416 application (and to which the applicant failed to respond) the application was refused registration on several different grounds, including an alleged conflict (likelihood of consumer confusion) with a prior registration, so your trademark attorney would need to analyze whether the conflicts and other issues raised in the Office Action still exist and whether it is possible to avoid or at list minimize the risk of getting yet another refusal should you choose to file a new application for the same mark.
There are multiple scenarios and strategies when it comes to efforts to obtain and protect a trademark registration, so the best thing would be for you to talk to a knowldedgble trademark attorney and get proper legal advice.
This answer was provided for general informational purposes only. It does not, and is not intended to, constitute legal advice.
Fritz-Howard Raymond Clapp agrees with this answer
A: The application to register "DR. D'S REMEDIES" has been abandoned due to the applicant's failure to respond to the trademark examiner's Office Action of July 30, 2020 within the required six months. The application had several deficiencies which had to be addressed. The abandoned application cannot be reinstated, so a new application should be made and it would be advisable to have it prepared and filed by a qualified trademark attorney to comply with the requirements which the initial application failed to satisfy.
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