Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

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	Trademark Electronic Application System
	United States Patent and Trademark Office

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 an abandoned application and request that the USPTO return the application to active ("pending") status 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. Otherwise, the petition will be untimely, and the application will remain abandoned. You may file a new application through TEAS. If you never received the notice of abandonment, the petition must be filed within two (2) months of actual knowledge of the abandonment, and you must have been diligent in checking the status of the application every six (6) months. 37 C.F.R. 2.66(a)(2).

If you never received the notice of abandonment and you can establish that you were diligent in checking the status of the application every six (6) months, contact the Office of the Commissioner for Trademarks for further information on filing the petition by mail. For information on establishing diligence, see Exam Guide 1-03,Section IV.

Advisory note: You must maintain an accurate correspondence address with the USPTO. All changes must be made in writing, or through the electronic Change of Correspondence Address form.

NOTE: You must complete any field preceded by the symbol "*".

WARNING: This form has a session time limit of 60 minutes. Your "session" began as soon as you accessed this initial Form Wizard page. If you exceed the 60-minute time limit, the form will not validate and you must begin the entire process again; you can, however, extend the time limit. You should always try to have all information required to complete the form prior to starting any session.

* Enter a Serial Number of Abandoned Application: (required only if completing the form for the first time)

OR

Access previously-saved data using the "Browse/Choose File" button below to access the file from your local drive. NOTE: For specific instructions, please click here. FAILURE TO FOLLOW THESE INSTRUCTIONS WILL RESULT IN THE DISPLAY OF YOUR DATA IN AN XML FORMAT THAT CANNOT BE EDITED. NOTE: Do NOT attempt to use the button below to upload an image file (for example, a specimen). You must use the button that will be presented for that purpose within the proper section of the actual form.

If appropriate to file at this time, please answer all of the questions below to create a Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form showing only sections relevant to you. Then press the NEXT button. For more information regarding any of the following questions or topics, either go to HELP or click on the underlined word.
NOTE: You can file Extension Request(s) along with the Petition directly through this form. If you must file a Statement of Use, first complete the Petition form, then use the separate Statement of Use form.

1. Did you receive the original Notice of Allowance (NOA)?

Yes No

2. Is a newly appearing attorney filing this form?

Yes No

3. What signature approach do you want to use? Choose one from below.

Sign electronically directly on this application
E-mail Text Form to second party for electronic signature
Handwritten pen-and-ink signature

The information collected on this form allows an applicant to request revival of an application abandoned for failure to file a timely Statement of Use or Extension Request. Responses to the request for information are required to obtain the benefit of a registration on the Principal or Supplemental register. 15 U.S.C. §1051(d)(4) and 37 C.F.R. Part 2, 2.66. All information collected will be made public. Gathering and providing the information will require an estimated 5 minutes. Please direct comments on the time needed to complete this form, and/or suggestions for reducing this burden to the Chief Information Officer, P.O. Box 1450, Alexandria, VA 22313. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Tue Jan 13 23:22:23 EST 2009