An abandoned trademark application refers to one that has transitioned from active (pending) to inactive status. This can occur due to several reasons, such as not responding to an Office action, failing to file a Statement of Use in the allotted time, or providing an incomplete response.
During the application process, an examining attorney may send an Office action letter requiring a response within six months of its mailing date. Failure to respond within this period will result in the application being considered abandoned. However, if this non-response was unintentional, you may file a Petition to Revive the application.
Similarly, if the abandonment occurred due to not filing a Statement of Use, the applicant can also file a Petition to Revive, along with the required fee, provided the failure to submit the necessary documentation was unintentional.
In situations where an examining attorney deems an application abandoned due to an incomplete response, the trademark owner has the option to file a petition. This petition should demonstrate that the examining attorney's decision to consider the application abandoned was in error.
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