Although trademarks are the top priority on this corner of the web, for most people that simply isn’t the case. If you have filed a trademark application, you need to pay attention to the various requirements and deadlines that you will face. It is very easy to miss these things if you are not experienced with the trademark application process. If you are not careful, your application may go abandoned, which is as bad as it sounds. An abandoned or “dead” application does not give you any rights. Only an application that becomes an active registration does that. There are some situations where you can “revive” an application, though.
Why Revive an Abandoned Application?
When your application goes abandoned you always have the option to file a new one. So why worry about reviving an old one? Well, there are a couple very good reasons. First, your application filing date sets your date for priority. Simply put, that means that you have saved your place in line as of the date you filed your application. By filing a new application, you lose the priority of your earlier filing date. You also lose your place in line. If someone filed an application for a similar mark between the filing of your two applications, then you are going to be in big trouble.
Also, from a practical standpoint it may make more sense financially to revive your abandoned application. While the Trademark Office does charge a fee (currently $100) to file the Petition to Revive, that fee is less than half the cost of the government filing fee for a new application. And if you are working with an attorney, their fee to file a new application is likely higher, as well.
When Can I Petition to Revive My Application?
You can file to revive your abandoned application when it has been abandoned for failure to timely file an office action response, or (for an intent to use application) either the Statement of Use or a Request for an Extension of Time. However, you can only try to have your application revived if your failure to make your filing on time was unintentional.
Most importantly, there are some key deadlines you have to meet in order to successfully revive your application. If you have received a Notice of Abandonment, then you have 2 months from the date of that notice to file your Petition. If you did not receive the Notice of Abandonment, then you have 2 months from the date that you learned your application went abandoned to file, but not more than 6 months from the date the electronic record of your application was updated to reflect the abandonment.
Overall, you have a small window of time in which to try and revive your application. Make sure that you handle this in a timely fashion. Or, better yet, hire a professional that can make sure you don’t end up in the same place again.
Need Assistance with Reviving Your Abandoned Application?
Working with an experienced trademark attorney can help you to avoid missing deadlines. But if you’re already late you may need help just getting your trademark application back to “active” status. If you’re not sure whether your application can be revived or if you want help with the process please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.
