Revive an abandoned trademark application

Why applications are abandoned

• A response to an office action arrived late, or not at all.
• A statement of use or an extension request was not filed on time.
• The owner withdrew the application on purpose.
• A required document or fee was incomplete.

In most cases the cause is a missed email. The USPTO writes to the address on the application, and a notice sent to an old inbox is easy to lose.

Can it be revived?

Sometimes. A petition to revive can be filed when the delay was unintentional, and it has a time limit, which is generally two months from the date of the notice of abandonment. A different limit applies when the notice did not reach you: two months from when you learn of the abandonment, and no later than six months after the USPTO record shows it. The USPTO decides each petition, so we do not promise revival.

An application that was abandoned on purpose is a different case, and revival is generally not available, because a petition has to state that the delay was unintentional. We look at what the record shows before we say anything about options.

If the window has closed

When revival is no longer possible, the usual alternative is a new application. That means a new filing fee, and a new filing date. Another party may have filed in the meantime, so a fresh search is the first step. You can run one with our free trademark search.

What we do

1. Pull the application record and read the notice of abandonment.
2. Tell you whether the time limit has passed and whether the reason fits revival.
3. If revival looks possible, prepare the petition and file it with any response that was missing.
4. If it does not, explain the new-application route and what would change.

What it costs

The first conversation and the record check are included. If we file a petition, we quote a flat price. Call or send your details for the quote. The USPTO charges a fee for the petition, which we confirm when we talk. You see both before you agree.

What you do

• Send us the application number, or the name you filed under.
• Forward any email or letter from the USPTO, even one you think is old.
• Tell us when you first noticed that the mail had stopped, because that date can matter.

Avoiding a repeat

If you refile or revive, use an email address that more than one person can read and that will not change if someone leaves. Put the USPTO deadlines in a shared calendar on the day you file. When we file for you, we record each date and write to you before it arrives.

Time matters

Every day inside the limit helps, so a quick call is better than a long search for the right words. If your registered mark was cancelled for a missed maintenance filing, that is a separate situation covered under trademark renewal. For a general overview of filing, see register a trademark.

This is general information, not legal advice.