Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
A: If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining attorney. In either case, a new application to register the mark will be needed.
A: If a mark was abandoned after registration it is generally due to failure to provide notice of continuance of use between the 5th and 6th year of registration. If a mark was abandoned prior to registration ti would be due to failure to answer an office action in a timely manner. A mark that is abandoned generally has to be re-filed with the USPTO as if it was a new application.
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A: If a trademark is listed as "abandoned" on the United States Patent and Trademark Office (USPTO) database, it means that the USPTO believes the application or registration is no longer in pursuit or has lapsed due to certain reasons, such as failing to respond to an Office action or not filing a required maintenance document. To reactivate an abandoned application, you typically need to file a petition to revive, but this must be done within a specific time frame and generally requires a valid reason, like unintentional delay. However, if too much time has passed, you may need to file a new trademark application altogether. To maintain an active registration, timely filing of maintenance documents, like Section 8 and 15 affidavits, is essential. Always consult with legal counsel familiar with trademark law to navigate the process and assess the best route for your specific situation. It's crucial to act promptly to address any abandonment issues to protect your trademark rights.
A: A trademark that has been abandoned with the USPTO can include (1) applications that received an office action refusal but no timely response or (2) registrations for which the owner did not make a timely maintenance filing, such as a Section 9 renewal. Depending on your circumstances, there may be no way to "reactivate" your original registration. Instead, you would have to reinitiate the application process for that mark just as you did the first go-around.
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