A trademark is abandoned when a trademark has been applied for and a response to an office action was not made within the time required. After submitting your trademark application, you may receive an office action from the examiner at the United States Patent Trademark Office. Office actions require amendments to be made which can be administrative or procedural in nature. The time frame to respond to an office action is 6 months from the date of issue.
If you failed to respond to the office action timely your trademark has been abandoned. You will be notified of this by the USPTO by email correspondence. This means your trademark is no longer in the trademark application process to be approved for a federal trademark. If you failed to respond to the office action unintentionally or you did not receive a office action notice from the USPTO you can file a Petition to Revive the abandoned application with the USPTO. The application must be filed within two months of the issue date of the notice of abandonment. The fee to file this application is $100 USD per abandoned trademark application.
The following are recommended to prevent abandonment of your trademark:
- A valid email address
- Checking your emails routinely (especially after 2/3 months of filing the trademark application)
- Note down your trademark application serial number
- Call the USPTO Trademark Assistance Center for any updates
- Use the tess2.uspto.gov website open to the public to track your trademark application status
It is important to take note of the above recomendations because failure to do so can mean that your trademark will be abandoned for good. This will mean you will NOT be able to pick up your trademark application from where you left off. You will have to reapply and pay the full fees again. The USPTO does not provide refunds for missed application dates.