Trademark Application Abandoned - Defective Statement of Use Filed
U.S. Federal Trademark Application Has Been Abandoned for Filing a Defective Statement of Use
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If you received this notice, your trademark has gone abandoned for filing a defective statement of use. Your application was filed based on intent to use. You must file a statement of use, together with a specimen and the appropriate fee. Because you filed a defective statement of use, your application has been abandoned.
You must petition to revive the application within 60 days of the notice of abandonment, or petition to the Director. However, in an intent to use trademark application, once the application has bee allowed, the applicant must file a statement of use within 36 months (provided all extensions are paid and filed on time). Thus, if you have passed the 36 months, then your application will not be revivable.
Visit: http://www.uspto.gov/trademarks-application-process/abandoned-applications for more information.
Abandoned for Failure to File a Statement of Use
Abandoned means that the application is no longer pending and, thus, cannot mature into registration. In response to the notice of allowance (NOA), a statement of use (SOU) or request for extension of time to file a statement of use (extension request) must be received in the USPTO within six (6) months from the issue date of the NOA. If the Office does not receive a proper SOU or extension request within this period, the application will be declared abandoned. The Office will then mail a notice of Abandonment to the applicant or the applicant's representative.
If the applicant's delay in submitting the SOU or extension request was unintentional, the applicant may submit a Petition to Revive.
NOTE: The application fee is a processing fee. Not all applications result in registrations. The application fee will not be refunded, even if the application abandons.
The petition to revive can be filed here: http://teas.uspto.gov/poa