Request For Express Abandonment (Withdrawal) Of Application
The applicant may use this form to request express abandonment, i.e., withdrawal, of its own pending application.
Note: Only the following may request express abandonment: (1) the applicant; (2) a person(s) with legal authority to bind the applicant, such as a corporate officer of a U.S. corporate applicant or foreign corporation or company; a general partner of a partnership applicant; each joint applicant if joint applicants; an officer of an unincorporated organization; an officer or manager of a limited liability company, etc. See TMEP §§712.01 et seq.; or (3) the applicant's attorney. If the application is currently subject to an appeal, opposition, or concurrent use proceeding before the Trademark Trial and Appeal Board, you must file this request directly with the Board. You may do so electronically, using the Board's electronic system, ESTTA, available at http://estta.uspto.gov.
Note: Filing of an Express Abandonment does not result in any refund of the original application fee. The fee is an initial processing fee, which is not refunded later, regardless of any expressed intent to cease prosecution of the application.
Warning: You may file this request up to the point of actual registration. However, if your application is already scheduled for printing of a registration certificate, which occurs approximately eight (8) weeks after the publication date, it may be too late to withdraw the application from the registration cycle. Therefore, although perhaps timely filed, your express abandonment will only be processed after cancellation of the inadvertently issued registration and restoration of your application to pendency; i.e., under this scenario, please be aware that significant delays in processing this filing will occur.