Trademark Application Abandoned - After Petition Decision
U.S. Federal Trademark Application Has Been Abandoned After Petition Decision by the Commissioner of Trademarks
ABANDONED - AFTER PETITION DECISION; petition to director; petition to revive; trademark application abandoned; federal trademark application; revive a trademark application; trademark application; petition to revive trademark; late response to trademark application; abandoned application; office action response; no response filed
If you received this notice, your trademark was likely abandoned or was otherwise faced an obstacle where the only remedy was to file a petition to the Director. That petition was rejected and thus your mark is considered abandoned. The petition may have been a petition to revive an already abandoned application, which was refused.
After a petition is refused, it is not generally an option to revive an abandoned application. When you lost the petition, you had a choice to challenge that decision to a higher court. Because you did not do so, your application has gone abandoned.
If the application can be revived, the petition is here: http://teas.uspto.gov/poa
More information about abandonment and petitions is found here:
37 C.F.R. 1.181 Petition to the Director.
(a) Petition may be taken to the Director:
(1) From any action or requirement of any examiner in the ex parte prosecution of an application, or in ex parte or inter partes prosecution of a reexamination proceeding which is not subject to appeal to the Patent Trial and Appeal Board or to the court;
(2) In cases in which a statute or the rules specify that the matter is to be determined directly by or reviewed by the Director; and
(3) To invoke the supervisory authority of the Director in appropriate circumstances. For petitions involving action of the Patent Trial and Appeal Board, see § 41.3 of this title.
(f) The mere filing of a petition will not stay any period for reply that may be running against the application, nor act as a stay of other proceedings. Any petition under this part not filed within two months of the mailing date of the action or notice from which relief is requested may be dismissed as untimely, except as otherwise provided. This two-month period is not extendable.
I. PETITION TO WITHDRAW HOLDING OF ABANDONMENT
A petition to revive an abandoned application (discussed below) should not be confused with a petition from an examiner's holding of abandonment. Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency of the reply, or as to controlling dates), a petition under 37 CFR 1.181(a) requesting withdrawal of the holding of abandonment is the appropriate course of action, and such petition does not require a fee. Where there is no dispute as to whether an application is abandoned (e.g., the applicant's contentions merely involve the cause of abandonment), a petition under 37 CFR 1.137 (accompanied by the appropriate petition fee) is necessary to revive the abandoned application.
Two procedures are available for reviving an application that has become abandoned due to a failure to reply to an Office Action: (1) a petition under 37 CFR 1.137(a) based on unavoidable delay; and (2) a petition under 37 CFR 1.137(b) based on unintentional delay.