Queens, NY asked in Trademark and Intellectual Property for New York

Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

1 Lawyer Answer
James L. Arrasmith
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A: If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not filed by the deadline or if the USPTO's requirements were not fully met.

First, check the status of your application and the details surrounding the abandonment through the United States Patent and Trademark Office (USPTO) website. This will provide specific information on the action needed on your part. If the abandonment was due to a missed deadline for responding to an office action, you might be able to file a petition to revive the application, assuming the delay was unintentional. This petition must be filed promptly and should include a suitable explanation for the delay along with the required response to the office action, if applicable.

Lastly, consider seeking advice from a professional familiar with trademark law. They can offer guidance on the petition process, help prepare and submit any necessary documentation, and provide advice on avoiding similar issues in the future. Reopening an abandoned trademark case can be complex, but with the right approach and assistance, you can navigate the process and work towards securing your trademark.

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