Pro Se Trademark applicants frequently abandon their application by mistake. “Abandoned” in this context means that the application is no longer pending and therefore cannot mature into a registration. Once a trademark has been abandoned, the USPTO will send a Notice of Abandonment to the Applicant or the Applicant’s Attorney, if they’re being represented.
An abandoned application can be revived in some situations depending on the reasons for abandonment and timing thereof. For example, an application abandoned within the past 2 months is generally revivable so long the applicant pays the required fees and cures the defects that lead to the abandonment in the first place. Thus, if the application was abandoned due to the applicant’s failure to respond to an office action, a response to the office action will be necessary at the time the application is revived. If the application was abandoned due to the applicant’s failure to file a statement of use (or extension of time to file a statement of use) then the applicant must file one or the other at the time of revival.
In order to revive an abandoned trademark application the applicant or the applicant’s attorney must file Petition to Revive, amongst other documents depending on the facts of the case. If your trademark application has been abandoned contact us for a free phone consultation.