How do you restart an abandoned trademark?
Asked by: Prof. Clint Green | Last update: May 20, 2026Score: 4.1/5 (1 votes)
To restart an abandoned trademark application with the USPTO, you file a Petition to Revive (PTR), explaining that your delay was unintentional and meeting strict deadlines (usually within two months of notice, but no more than six months from abandonment), providing a complete response to the original office action, and paying fees; if that fails, you can file a Petition to the Director, but if all else fails, you'll need to file a completely new application.
How to fix an abandoned trademark?
You can file a petition to "revive" an abandoned application if your delay in responding to the office action was unintentional. You must file the petition no later than two (2) months from the mailing date of the Notice of Abandonment.
Can I take over an abandoned trademark?
You cannot simply take over an abandoned trademark and use it, because when a trademark is abandoned, it becomes "dead" and loses all its legal protections.
How much does it cost to revive an abandoned trademark?
Fee to revive your abandoned application
If your application is abandoned for not timely responding to an office action, for example, you may file a petition to revive your application. The cost to file is $250.
What happens if your trademark is abandoned?
“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.
How to Revive an Abandoned Trademark Application Quickly
How long does it take to revive a trademark?
Time is not on your side. The USPTO allows you to petition to revive an abandoned application within two months of receiving a notice of abandonment. If you missed a deadline without realizing it, you might still be within the six-month window for certain filings.
How long can a trademark last if it is not abandoned by the owner?
The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks can persist so long as the owner fulfills the following requirements: Continue to use the trademark.
What is the difference between abandonment and withdrawal?
Think of it this way: withdrawing your application is like resigning from a job on your own terms, whereas having your application abandoned or refused is like being fired. Clearly, resigning is a better option. This keeps the end of your application process clean and intentional.
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
What is the abandonment law for trademarks?
The Legal Standard for Abandonment
The key standard: if you haven't used your trademark in commerce for three consecutive years, and there's no clear plan to resume, the law presumes you abandoned it. Intent matters just as much as action.
What does status abandoned mean?
It means that the application has been abandoned because the applicant did not respond in time to an office action or other required correspondence from the trademark office. This status indicates that the application will not proceed to registration unless the abandonment is successfully petitioned to be reversed.
How to get a trademark back?
How you can get it back depends completely on how you lost it in the first place. Filing a Petition to Revive an Abandoned Trademark: If you unintentionally abandoned your trademark or have found a new use for it, you can file for a revival within 60 days of the Notice of Abandonment.
How to take over an abandoned patent?
When it comes to reclaiming an abandoned patent, the process varies from country to country. In the US for example, an individual or company can request a certificate of correction from the US Patent and Trademark Office (USPTO), which allows them to take ownership of the patent and make any necessary changes.
Are abandoned trademarks public domain?
Once a trademark is abandoned, it enters the public domain and anyone can use and register the same or a similar trademark.
What is Order 23 Rule 1 about?
Order 23 CPC provides for “withdrawal and adjustment of suits”. Rule 1 of this Order, as it stands today, was introduced vide the Code of Civil Procedure (Amendment) Act, 1976. It has 5 sub-rules, which are reproduced hereunder: Withdrawal of suit or abandonment of part of claim.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
How much does it cost to revive a trademark?
Petitions and Letters of Protest: The USPTO has increased fees for petitions, including the petition to revive an abandoned application, from $150 to $250. Additionally, the fee for filing a letter of protest, used to challenge pending applications, has tripled from $50 to $150.
Why is my trademark abandoned?
If the USPTO marks a trademark application as "abandoned," it generally means that the applicant did not respond to an Office Action, did not meet a filing deadline, or otherwise failed to fulfill certain procedural requirements.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.