The United States Patent and Trademark Office considers a trademark application to be abandoned after a Notice of Allowance is issued when a timely Statement of Use (SOU) or Request for Extension of Time to file a Statement of Use (Extension Request) is not received, or when a timely response to an Examining Attorney's office action is not received. You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional.
This petition must be filed no later than two (2) months from the mailing date of the Notice of Abandonment. If you never received the Notice of Abandonment, you must file the petition within two (2) months of your actual knowledge of the abandonment and no later than six (6) months from the date the application status was updated to "Abandoned – No Statement of Use Filed" or "Abandoned – Failure to Respond or Late Response."
Knowledge and experience in the practice of trademark law is essential to properly preparing and filing a petition to revive a trademark application which was abandoned unintentionally. If you would like our assistance in preparing and filing an effective petition:
