The goods and services in the new application must be identical to, or narrower than, the goods and services in the canceled or expired registration. It is possible to claim a trademark once it's dead. If you do not file your Statement of Use within three years after the Notice of Allowance, your application will be abandoned, and you will not be able to revive it. File a Response to Petition to Revive Deficiency Letter form to submit the missing items. You're responsible for maintaining a current email address for correspondenceand notifying the USPTO if it changes. In step 3 of the petition form, select Other and enter revive application abandoned for more than six months due to extraordinary circumstances.. Purpose: Request that we accept a paper submission if you can't file electronically on the due date. If your own trademark has fallen into dead or abandoned status, you may be able to file a petition to revive it. Pursuant to 35 U.S.C. Work with an attorney to conduct this search, and to determine if the mark is eligible for registration. Find upcoming programs related to IP policy and international affairs. If the USPTO lists your trademark as dead or abandoned, however, this does not necessarily mean that the mark is available for registration. Purpose: Request to reverse an abandonment for incomplete response to an office action. When to file: File any time after submitting your Section 15 affidavit of incontestability. If you are not ready to file your Statement of Use within six months, you may file an extension request every six months after your Notice of Allowance is issued. Purpose: Requestthat we allow you to use a drawing showing the trademark in more than one view. By filling out this form, you represent that you have legal authority as the owner or legal correspondent of the owner to act with respect to decisions related to a U.S. trademark application having the serial number . A federally-registered trademark provides valuable protections that will never expire, as long as the mark is used consistently and the trademark owner meets renewal deadlines. This is when the previous owner will likely raise a legal challenge to your rights to the trademark if he or she plans on doing so. For example, a typographical error in the applicants entity type. Requirements: Your petition must include the petition fee, as well as evidence demonstrating the possibility of losing substantial trademark rights. If you missed the deadline unintentionally, use the Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form. Cancellation Have a comment about the web page you were viewing? Not receiving an office action orNotice of Allowance that was emailed to you is not a basisfor reinstatement. This petition doesn't extend the time for filing a Statement of Use. Resource: USPTO implements the Trademark Modernization Act. A verified statement of the facts establishing that you've conducted a reasonable investigation concerning the trademark's use in commerce and explaining the basis for your petition, Proof that the trademark has never been in commerce, The application filing date if the application was based on use in commerce, or, The filing date of the Amendment to Allege Use, or the deadline to file a Statement of Use (whichever is later) if the application was based on intent to use, A verified statement of the facts establishing that you've reasonably investigated the trademark's use and explaining the basis for your petition, Self-evident proof that the trademark was not in use in commerce by the claimed date, Applications withaSection 44(d) priority date, Statementsof Use(SOU)filedinthelast six-monthextensionperiod, Section 8 or 71 declarationsof continued use or excusable nonusewith a statutory deadline. This stems from the policy behind trademark law, in that the law only will protect trademarks that are actually being used in the course of business. If no one is using your abandoned trademark, proceed with the following steps. Purpose: Respond to an inquiry letter you receivedbecauseyour Petition to Director wasincomplete. You can file different types of petitions depending on where you are in the application process and what you're requesting. To see the current information in your record or to view the status of your application or registration, see the Trademark Status and Document Retrieval (TSDR) system. Purpose: Request to amend your application after a Notice of Allowance has issued, but before you file your Statement of Use. Resource: Reviving an abandoned application, TMEP section 1713. All Rights Reserved. When looking to revive the trademark of another business, be sure that they are no longer using the mark in commerce before submitting an application to the USPTO. When to file: File immediately after receiving your serial number, or as soon as possible after that. However, since the survey must be specifically designed to prove your trademark is still valid as a means of identifying your product or service in the minds of consumers, and must survey the right type of consumer, it is best to consult with a lawyer for how to design and conduct the survey so that it will be useful in legal proceedings. After we review your petition, we will notify you to let you know that your petition has been granted, dismissed, denied, or that it's incomplete. For more information about trademark examination, see the Trademark Manual of Examining Procedure (TMEP), or contact the Trademark Assistance Center (TAC) at 800-786-9199 (toll-free) or 571-272-9250 (local). Fill in a request to restore a trade mark if your trade mark expired more than 6 months but less than a year ago. Form: Petition toDirectorIn step 3 of the form, select Other and enter abandon a section 15 affidavit of incontestability.. Purpose: Request an amendment that doesnt require examining attorney review. There is no petition fee required to file a reply brief. When to file: File immediately after receiving your new serial number, or as soon as possible after that. Form: Petition to CancelIn the Electronic System for Trademark Trials and Appeals(ESTTA), choose "Petition for Cancellation" in the dropdown menu under "File a new proceeding.. Purpose: Request to reverse a non-final interlocutory order by the TTAB. If your petition is dismissed or denied, you can request thatwe reconsider it if there are new facts that you haven't already presented. Be prepared to hire an attorney to mount your legal defense to any such challenge if you don't have someone with relevant expertise that can fulfill this role. Have a comment about the web page you were viewing? Trademark Renewal Periods. The Trademark Trial and Appeal Board will determine whether to grant your opposition and deny the application to register the mark. ATTORNEY ADVERTISING, learn how to respond to a Notice of Abandonment in detail. Once you have reestablished your ownership of a trademark with the USPTO, it is valid in perpetuity so long as you (1) continue to use the trademark in commerce and (2) make sure to timely file the necessary maintenance documents required by the USPTO. For more detailed information about petition requirements and the petitions process, see TMEP chapter 1700. Form: Petition toDirectorIn step 3 of the form, select Allow an amendment due to technology evolution.. For example, you have concerns for your physical safety or you conduct your business virtually and have no physical office. Resource: Letter of protest practice tips, Form: Notice of OppositionIn the Electronic System for Trademark Trials and Appeals(ESTTA), choose "Notice of Opposition" in the dropdown menu under "File a new proceeding.. Conduct regular online searches to ensure that no one is improperly using your trademark such that the public might no longer think of you as the source of the trademarked goods or services. When to file: File no later than two months after the issue date of your Notice of Cancellation. Can You Revive a Dead Trademark? Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Thanks to all authors for creating a page that has been read 31,918 times. How can you revive a canceled trademark registration? Purpose: Revive an abandoned applicationbecauseyou: Form: Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after Notice of Allowance, Form: Petition toDirectorIn step 3 of the form, select Reverse holding of abandonment for incomplete response.. When to file: File after your application has been approved for publication, but before a Notice of Allowance has been issued. Section 9 renewal applications with a statutory deadline. After that, trademark owners will file renewals every ten years. If you would like to revive a trademark that is dead due to an abandoned application, failing to respond to an office action, or failure to file a Statement of Use, you can initiate the process by submitting what is known as a Petition to Revive. Purpose: Request that we waive or refund fees submitted in connection with your trademark. Form: Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request. Resource: Unauthorized changes to your file, Form: Petition toDirectorIn step 3 of the form, select Request a waiver of fees for a federal government agency.. We may have questions about your feedback, please provide your email address. File aRequest for Reinstatement form. Changing application information after publication, Petition to Change the Filing Basis After Publication, Proof of use established for some goods partially granted, Ownership information clarified - granted, Mark amendment is material alteration denied, Request to abandon affidavit of incontestability - granted, Request to abandon affidavit of incontestability granted, Amending your registration's good or services when technology evolves, Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action, Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request, Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after Notice of Allowance, Response to Petition to Revive Deficiency Letter, Electronic System for Trademark Trials and Appeals(ESTTA), PetitionforExpungement or Reexamination, USPTO implements the Trademark Modernization Act, Petition requirements for accepting a paper submission under Rule 2.147, Personal information in trademark records, Disregard express abandonment of application granted, Petition to Revive Abandoned application Failure to Respond Timely to Office Action form, Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form, Petition to Change the Filing Basis After Publication form, Response to Petition to Revive Deficiency Letter form, Petition to Revive with Request to Delete Section 1(b) Basis or to Delete Intent-to-Use Goods/Services After Notice of Allowance form, Petition to Director to Review Denial of Certification of International Application form, Petition to Director for an International Application/Registration form, Trademark Status and Document Retrieval (TSDR) system, Use the filing date of your previously denied application on your new application, Expedite your application based on a canceled registration, Expedite your application because of special circumstances that could result in you losing your trademark rights, Request permission for your drawing to show multiple versions of your trademark, Request relief in connection with an international application in which the U.S. is the office of origin using a USPTO Reference Number, Request review of the denial of certificationfor your international application, Amend your application information after approval for publication but before a Notice of Allowance has issued, Amend your application information after a Notice of Allowance has issued, Request that we restore jurisdiction to the examining attorney to review your amendment, Change a filing basis to Section 44(e) after publication, Reinstate a registration that was canceled for not responding to an office action issued for your Section 8 or 71 declaration and accept a late response, Reinstate goods or services that were canceled for not responding to an office action issued in an expungement or reexamination proceeding, Request review of a denial toamend your registrationsubmitted under Section 7, Abandon a Section 15 affidavit of incontestability, Amend the identification of your goods or services due to technology evolution, Revive an application that was abandoned because you missed the deadline for responding to an office action or suspension inquiry, Revive goods or services in a partially abandoned application, Revive an application that was abandoned because you missed the deadline for filing a Statement of Use or extension request, Revive an application and request to delete intent-to-use filing basis, Reverse a holding of abandonment because your response to an office action was incomplete, Reinstateyour application that was abandoned due to USPTO error, Respond to a deficiency letter issued for your petition to revive, Request review of a denial of your petition to revive, Request cancellation of another trademark owner's goods or services if they were registered, but never in use (expungement), Request cancellation of another trademark owner's goods or services if they were registered, but not in use by the date claimed by the registrant (reexamination), Request review of a TTAB interlocutory order, Submit a reply brief for a TTAB interlocutory order under review, Request review of decision on request for extensionof time to oppose, Request that weaccept a papersubmissionyou already filed, Request a waiver of the domicile address requirement, Request a waiver of fees for a federal government agency, A screenshot of the TEAS "Success" page or your filing receipt email from the USPTO that includes the date of receipt and a summary of your TEAS submission; or, Self-evident proof that your application met. 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