Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action
Use this form to file a petition to revive an abandoned application and request that the USPTO return the application to active ("pending") status. The United States Patent and Trademark Office (USPTO) "abandons" a trademark application whenever the USPTO does not receive a timely-filed response to an examining attorney's office action. "Abandoned" means that the application is no longer pending, and, therefore, cannot mature into a registration.
You may file a petition to revive only if the applicant's delay in responding to the office action was unintentional. 37 C.F.R. §2.66. You must file the petition to revive no later than two (2) months from the mailing date of the notice of abandonment.
If you never received the notice of abandonment, and you have been diligent in prosecuting the application, you may file a petition within two (2) months from the date you became aware of the abandonment. To be considered diligent, you must have checked the status of the application every six (6) months from the filing date of the application. 37 C.F.R §2.66(a) and 2.146(I).
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Petition To Revive Abandoned Application - Failure To File Timely Statement Of Use Or Extension Request
Use this form to file a petition to revive an abandoned application and request that the USPTO return the application to active ("pending") status.The United States Patent and Trademark Office (USPTO) "abandons" a trademark application whenever the USPTO does not receive a timely-filed Statement of Use (SOU) or Request for an Extension of Time to File a Statement of Use (Extension Request), in response to a Notice of Allowance. 37 C.F.R. §2.65. "Abandoned" means that the application is no longer pending, and, therefore, cannot mature into a registration.
You may petition to revive only if the delay in filing an SOU or Extension Request was unintentional. 37 C.F.R. §2.66. You must file the petition to revive no later than two (2) months from the mailing date of the notice of abandonment.
If you never received the notice of abandonment, and you have been diligent in prosecuting the application, you may file a petition within two (2) months from the date you became aware of the abandonment. To be considered diligent, you must have checked the status of the application every six (6) months from the filing date of the application. 37 C.F.R. §2.66(a) and 2.146(i).