Seattle, WA asked in Trademark and Intellectual Property for Washington

Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

3 Lawyer Answers
James L. Arrasmith
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A: To revive or renew a trademark that was filed in 2007 but later abandoned, you'll need to start by understanding the current status of the trademark. If the abandonment was due to a failure to respond to an office action or failure to file required maintenance documents, the approach might vary.

If the trademark was abandoned due to not responding to an office action, you might have the option to file a petition to revive the application. This petition must be filed within two months of the abandonment date and should include a statement explaining the delay in response was unintentional, along with the required response to the office action and a petition fee.

If the trademark was abandoned due to failure to file required maintenance documents, you cannot revive it. In this case, you will need to file a new trademark application. This will require starting the process from the beginning, including conducting a new trademark search to ensure the mark is still available for use and registration.

It’s important to act promptly, as the longer the delay, the more challenging it might be to reclaim rights to the trademark. Also, keep in mind that trademark law can be complex, and seeking advice from an attorney experienced in trademark law can be beneficial to navigate the process effectively.

They can assist you in determining the best course of action and help ensure that all necessary steps are taken to protect your trademark rights.

Fritz-Howard Raymond Clapp agrees with this answer

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: The intent-to-use application for EMBERFLY was allowed in 2007, but no statement of use or request for extension was filed. There has been no other application for the same mark. The same application cannot be revived, but a new application should be filed with a statement and specimen of use, including a reference to the previously allowed application.

Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA
  • Licensed in Washington

A: If a trademark was abandoned recently, you may be able to file a petition to revive the mark. However, if the trademark has been abandoned for an extended period of time you will need to re-file the application with the USPTO in order to regain rights in the original trademark filed. Many trademark specialists can assist you with this effort.

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