Trademark Application Abandoned - After Inter-Partes Decision
U.S. Federal Trademark Application Has Been Abandoned After Inter-Partes Decision
ABANDONED - AFTER INTER-PARTES DECISION; interprets 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; TTAB proceeding; inter-partes;
If you received this notice, your trademark has gone abandoned after the Trademark Trial and Appeal Board ("TTAB") found against registration in an opposition or cancellation proceeding brought by a third-party. The TTAB hears two types of cases: "Inter-Partes" and "ex parte." An Ex Parte proceeding is one in which the applicant is the only party and the applicant appeals an unfavorable decision of the TTAB. In such cases there is no adverse party, just the original examiner who refused registration and the TTAB. In an inter-partes proceeding, there are two parties. Typically one party applying for a mark and an party who is opposing registration of that mark because they feel it will harm them in some way. Often the opposing party is one that believes it has an interest in the mark, such as that it is confusingly similar with the applied-for mark. The status at issue here means that the TTAB found against registration, and now the trademark is abandoned.
After a TTAB decision, it is not generally an option to revive an abandoned application. When you lost the proceeding, 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 deny your registration. 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.