One of the hardest parts of the trademark registration process is meeting all of the deadlines required by the United States Patent and Trademark Office. Failure to meet these deadlines may result in the permanent abandonment of your application. However, if you received a “Notice of Abandonment,” you still may have an opportunity to revive the application and save it from being permanently abandoned.
This article will share tips on what to do if you receive a Notice of Abandonment for your pending application.
Notice of Abandonment
A notice of abandonment is an official notice from the USPTO issued when an applicant does not properly respond to all of the USPTO Examining Attorney’s Office Action refusals.
The Notice will look like this:
During the application process, the USPTO assigns a government attorney called a USPTO Examining Attorney to each application. They review the application and issue an Office Action when they need additional clarifications, or if the Examining Attorney finds a confusingly-similar registration, finds the mark merely descriptive, or issues any other substantive refusal. When the Examining Attorney issues the Office Action, the Applicant has SIX-MONTHS to respond. If they don’t, then the Examining Attorney will issue a Notice of Abandonment.
Can I still save the application?
There is a sixty-day period following the issuance of a Notice of Abandonment called the “Revival Period.” During this time, the applicant can file a Petition to Revive the application. However, it does not give the applicant any additional time to respond – the Applicant must file the Petition to Revive and respond to the Examining Attorney’s refusals to “save” the application. There is also a distinction between a “Non-final” refusal and a “Final” refusal. An Examining Attorney will issue a “Final” refusal if an applicant does not respond appropriately to a previously-issued “Non-final” refusal. When this happens, the applicant has six months from the issuance of a Final Office Action to appeal to the Trademark Trial and Appeal Board. After these six months, an appeal will no longer be timely, and the options of responding are limited.