A petition to revive trademark is submitted to United States Patent and Trademark Office (USPTO) when the application is “Abandoned”. Trademark application becomes abandoned when it status is neither pending nor under prosecution with USPTO and thus cannot be registered.
USPTO considers the application as abandoned in the following circumstances:
- Applicant did not file timely response to an examining attorney’s Office action.
- Applicant did not file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request), in response to a notice of allowance (NOA).
USPTO will issue a notice of abandonment before the final abandonment of the application and it gives you two months to file a petition to revive. During these two months you may submit a petition to revive an abandoned application and request that the application be returned to active or pending status. The ground for revival is the delay in responding to the Office action, or the delay in filing an SOU or extension request, was unintentional.
Intellectual Property Logium assists in filing trademark revival petition with USPTO.