Trademark Application Abandoned - After Ex Parte Appeal
U.S. Federal Trademark Application Has Been Abandoned After Appeal
ABANDONED - AFTER EX PARTE APPEAL; ex parte appeal; trademark application abandoned; federal trademark application; revive a trademark application; trademark application; failure to file response; late response to trademark application; abandoned application; office action response; no response filed
If you received this notice, your trademark has gone abandoned after the Trademark Trial and Appeal Board ("TTAB") reviewed your appeal. This means that your trademark application was initially refused in an office action from the USPTO. You responded to the office action, but the Examiner issued a final refusal and you appealed. The appeal has come out against registration and your trademark application has been abandoned.
After appeal, it is not generally an option to revive an abandoned application. When you lost the appeal, you had a choice to challenge that decision to a higher court. Because you did not do so, your application has gone abandoned.
The Board's decision was to affirm the refusal of the Examining Attorney. You must appeal the decision to the Federal Circuit or bring a federal action against the Commissioner of Trademarks or the trademark will remain abandoned.
1217 Final Decision
For general information concerning final decisions in proceedings before the Board, see
TBMP § 803. What follows below is information pertaining specifically to final decisions in ex parte appeals to the Board.
In determining an ex parte appeal, the Board reviews the appealed decision of the examining attorney to determine if it was correctly made. The Board need not find that the examining attorney's rationale was correct in order to affirm the refusal to register, but rather may rely on a different rationale. Further, while the examining attorney may not raise a new ground for refusal of registration during appeal, except upon remand by the Board for the purpose, see TBMP § 1209, the examining attorney is not precluded from raising, during appeal, new arguments and/or additional case citations in support of a ground for refusal which was timely raised and is a subject of the appeal.
If there is more than one refusal or requirement that is the subject of an appeal, the Board will normally consider all issues in the appeal, even if the decision on one issue would make a decision on a second issue moot or inconsistent. However, in certain circumstances after the Board has affirmed one requirement or refusal it will not reach any further requirement or refusal.
Because each class in a multi-class application is considered to be a separate application, the Board may affirm a refusal as to one class and reverse a refusal as to a different class.