Reinstating Abandoned Trademark Application

An abandoned trademark application can be reinstated by filing a petition in a limited sense. If a response to a rejection is not filed within six months from the mailing date of the rejection, the applicant will go abandoned. In order to get accepted by the USPTO, a petition to revive the abandoned application must be filed when the Notice of Abandonment is issued and within two months from the date of the Notice of Abandonment.

A trademark application will go abandoned if a Statement of Use or Request for Extension of Time to File a Statement of Use (extension request) is not filed within six months from the mailing date of a Notice of Allowance in case of Section 1(b) basis application. In order to get accepted by the USPTO, a petition to revive the abandoned application must be filed after a Notice of Abandonment is issued and within two months from the date of the Notice of Abandonment.

However, a trademark registration canceled or expired cannot be reinstated by filing a petition. That is, a petition does not apply to a canceled or expired trademark registration. The only alternative option for a canceled or expired trademark registration will be filing a brand new trademark application.