Petition to Revive of abandoned application in the U.S.

There are times Office Actions are issued by the United States Patent and Trademark Office or submission of Statement of Use is required according to the filing basis. There are deadlines set by the USPTO for filing responses to OAs or submitting Statement of Use and it is also allowed to file extension of deadlines in the case that it is difficult to meet the deadline set by the USPTO.

If failed to file response, submit SOU or file extension of deadline by the set deadline, the status of the trademark application will be converted to “abandoned”, which means that any process for the trademark application will be stopped there and the USPTO usually sends notice (Notice of Abandonment) regarding this conversion of the status.

If it was not intended to abandon the application, then there is a way to reinstate the abandoned application, which is called “Petition to Revive” The deadline to petition to revive is normally within 2 months from the date of the Notice of Abandonment is issued. If Notice of Abandonment is not issued then the deadline will be 2 months from the original deadline. In Korea, however, there is no process reinstate the abandoned application.

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