Reviving an abandoned application

If you missed the deadline unintentionally, use the Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action form.  

File your petition to revive no later than two months after the issue date of your Notice of Abandonment. If you didn't receive the Notice of Abandonment, file your petition within two months of learning of the abandonment and no later than six months after the abandonment date in TSDR.  

The petition must include:  

• A statement that the delay in responding was unintentional, signed by someone with first-hand knowledge of the facts
• The petition fee  
• A statement indicating whether you received the office action 
  • If you did not receive the office action, it will be reissued with a new response period if the petition is granted
  • If you received the office action (which is assumed if you filed and were granted a request to extend the response deadline), you must also submit:
    • A complete response to the office action, signed by the applicant or an authorized attorney
    • The extension request fee, if applicable and you did not previously file an extension request
• If the office action was final, either your notice of appeal or a statement that you're not filing an appeal

You can only claim once that you didn't receive a particular office action. If you miss the deadline for the office action a second time, your application will be abandoned again, and you must file a new application, or petition to revive your abandoned application (but cannot claim you did not receive the office action again), to proceed.

If you missed the deadline unintentionally, use the Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form.  

This petition doesn't extend the time for filing a Statement of Use. After your Notice of Allowance is issued, you must file a Statement of Use within six months. 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. Each one extends your deadline by six months, and you can file up to five extension requests. 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 your petition to revive no later than two months after the issue date of your Notice of Abandonment. If you didn't receive the Notice of Abandonment, file your petition within two months of learning of the abandonment and no later than six months after the abandonment date in TSDR. 

The petition must include: 

• A statement that the delay in filing a Statement of Use or extension request was unintentional, signed by someone with firsthand knowledge of the facts
• The petition fee
• One of the following:  
  • A Statement of Use and the fee for a Statement of Use 
  • An extension request (included in the TEAS form) and the extension request fee for every additional extension request that you should have filed to keep your application alive, or 
  • If you didn't receive the Notice of Allowance, you may request that we cancel the original Notice of Allowance and issue a new one instead

You can only claim that you didn't receive a particular Notice of Allowance once. 

If your application includes multiple filing bases, you can use the Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after NOA form instead. However, you must delete all intent-to-use goods and services from your application and you must have an alternate filing basis already designated.  

Your petition to revive must include: 

• A statement that the delay in filing a Statement of Use or extension request was unintentional, signed by someone with firsthand knowledge of the facts
• The petition fee
• An extension request (included in the TEAS form) and extension request fee for every additional extension request that you should have filed to keep your application alive
• An amendment request to either:  
  • Delete all goods and services based solely on intent-to-use from your application, and then your application can proceed for the remaining goods and services, which must be based on another filing basis already designated in your application
  • Delete specific goods and services based on intent-to-use from your application when those goods and services have another filing basis already designated in the application

If goods or services in your application were partially abandoned, use the Petition to Director form. In step 3 of the form, select “revive partially abandoned goods or services.” You'll only be charged the Petition to Revive fee, not the Petition to Director fee.  

File your petition no later than two months after the issue date of the Examiner’s Amendment deleting the goods or services. If you did not receive the Examiner's Amendment, file no later than six months after the issue date of the Examiner's Amendment. Periodically check the status of your application to see if you received an amendment.

Your petition must include: 

• A statement that the delay in responding was unintentional, signed by someone with firsthand knowledge of the facts
• The petition fee
• A statement indicating whether you received the office action
  • If you did not receive the office action, it will be reissued with a new response period (if the petition is granted)
  • If you received the office action, (which is assumed if you filed and were granted a request to extend the response deadline), you must also submit:
    • A complete response to the office action, signed by the applicant or an authorized attorney
    • The extension request fee, if applicable and you did not previously file an extension request

• If the office action was final, either your notice of appeal or a statement that you're not filing an appeal

  You can only claim one time that you didn't receive a particular office action. If you miss the deadline for the same office action a second time, your application will be abandoned again. You must either file a new application or petition to revive your abandoned application.

Use the Petition to Director form. In step 3 of the form, select “Reverse holding of abandonment for incomplete response.”  

The Director will only reverse a holding of abandonment for incomplete response if you show that: 

• There has been clear error or an abuse of discretion  
• You substantially complied with the final refusals or requirements as of the filing date of the request for reconsideration, or  
• You properly signed your response but received a notice of incomplete response.  

Do not submit additional arguments, specimens of use, or a late notice of appeal with this petition. To present arguments against a substantive refusal, file a timely notice of appeal to the Trademark Trial and Appeal Board. See TMEP section 1713.  

File your petition no later than two months after the issue date of your Notice of Abandonment. If you didn't receive a Notice of Abandonment, file within two months of learning of the abandonment and no later than six months after the abandonment date in TSDR.  

Your petition must include: 

• A statement of relevant facts
• A declaration under Trademark Rule 2.20 signed by the applicant or an authorized attorney
• Any relevant evidence to show that the examining attorney erred in abandoning the application or that the request for reconsideration substantially complied with the examining attorney’s refusals or requirements
• The petition fee

If your abandonment for incomplete response was due to an improper signature, also include: 

• A statement that the delay in submitting a properly signed response to the office action was unintentional
• A statement that the original response was signed by an improper party
• A response to the office action signed by the applicant or an authorized attorney

Decision examples: 

• Substantial compliance with requirement – granted. See petition filed April 9, 2021 and decision issued November 3, 2021.  
• No clear error or abuse of discretion – denied. See petition filed May 30, 2021 and decision issued February 24, 2022.  
• No clear error, abuse of discretion, or substantial compliance – denied. See petition filed March 31, 2021 and decision issued December 7, 2021.

In limited situations, you may be entitled to reinstatement without a fee if you can provide evidence that your application was abandoned due to a USPTO error. File a Request for Reinstatement form.  

File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment. If you didn’t receive a Notice of Abandonment, file within two months of learning of the abandonment, but no later than six months after the abandonment date in TSDR.   

Include one or more of the following: 

• Proof that you filed your office action response, Statement of Use, or extension request on time
• Proof of actual receipt of your filing by the USPTO
• Proof that the USPTO processed a fee for your filing
• Proof that the USPTO sent your office action or Notice of Allowance to an address that is not your designated correspondence address
• Other evidence or factual information supported by a declaration under Trademark Rule 2.20 demonstrating office error in abandoning the application  

You're responsible for maintaining a current email address for correspondence and notifying the USPTO if it changes. Not receiving an office action or Notice of Allowance that was emailed to you is not a basis for reinstating your application. 

If we determine you're not entitled to reinstatement without a fee, we treat your request for reinstatement as a petition to revive, and we issue a deficiency letter requiring you to pay the petition fee.

If your application has been abandoned for more than six months, revival is unlikely and you should file a new application. If you can show that an extraordinary situation prevented you from filing a petition to revive within six months of the abandonment date, you can file a Petition to Director form. In step 3 of the petition form, select “Other” and enter “revive application abandoned for more than six months due to extraordinary circumstances.”  

Your statement and evidence must show that your situation is extraordinary and that no other party will be harmed. See TMEP Section 1708 for an explanation of extraordinary circumstances. 

Your petition must include: 

• A statement of relevant facts
• A declaration under Trademark Rule 2.20 signed by the applicant or an authorized attorney
• Any relevant evidence
• The petition fee