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

Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25

Mark Drawing4000 - Standard character mark Typeset

Law Office Assigned Location CodeL30


Goods and ServicesDigital media, namely, CDs, DVDs, and pre-recorded video cassettes featuring music; Phonograph records featuring music; Prerecorded video cassettes featuring music

Goods and ServicesEntertainment services in the nature of live musical performances

Classification Informationound or images;

3 Lawyer Answers
Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL

A: Of the registration has been abandoned past the grace period allowed, then you would have to submit a new trademark registration.

Micah Barrett
Micah Barrett
  • Trademarks Lawyer
  • Nashville, TN

A: Good afternoon,

It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a "Petition to Revive Abandoned Application- Failure to Respond Timely to Office Action" form. Since a petition for revival was not submitted, you must file a new trademark application and restart the process.

Fritz-Howard Raymond Clapp agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Based on the information provided, it appears that your trademark was abandoned due to a failure to respond or a late response to an office action or other communication from the USPTO. Once a trademark is considered abandoned, the application process is terminated, and the mark is no longer protected.

To attempt to revive your abandoned trademark, you may need to:

1. File a petition to revive the application, explaining the unintentional nature of the delay in responding to the office action.

2. Pay the required petition fee.

3. Provide the missing response to the office action that led to the abandonment.

However, please note that petitions to revive are time-sensitive and must be filed within a specific period following the abandonment. Additionally, the success of the petition is not guaranteed and depends on the circumstances of your case.

Given the complexity of trademark law and the fact that you have been using the name for 60 years, it is highly recommended that you consult with a qualified trademark attorney who can assess your situation, advise you on the best course of action, and assist you with the appropriate legal proceedings if necessary.

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