Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
A missed USPTO deadline can leave a trademark application abandoned, but it can often be revived if you act quickly. The Schenk Law Firm files petitions to revive with the missing response, takes over applications from prior counsel, and tells you plainly when a new application is the better path.
Petitions to Revive
We file the petition to revive for unintentional delay together with the missed filing. The application can then move forward right away.
Missed Office Action Responses
When an application was abandoned for failure to answer an office action, we prepare the full response and file it with the petition. See our office actions page.
Missed Statement of Use Deadlines
If the deadline after the Notice of Allowance passed, we file the petition with a Statement of Use or an extension request. See our Statements of Use and extensions page.
Taking Over From Prior Counsel
When a previous lawyer withdrew or missed the notices, we become attorney of record and update the USPTO’s records so future notices come to us.
Specimen Guidance
If the revival depends on proof of use, we show you what the USPTO will accept before anything is filed.
Choosing a New Application Instead
Some applications can’t or shouldn’t be revived. We tell you when a new application is the better route.
Our application says “abandoned.” Is it too late?
Not necessarily. A petition to revive is generally due within two months of the notice of abandonment, so check the date right away.
We never got the USPTO’s notice.
Notices often go to an old email address or a former lawyer. A late petition may still be possible in some cases, but the time limits are strict, so act as soon as you find out.
Our previous lawyer missed the deadline.
We can take over as attorney of record, file the petition, and handle the response the examiner was waiting for.
The mark isn’t in use yet.
If the missed deadline was for a Statement of Use, the petition can be filed with an extension request instead, as long as extensions remain.
Is revival always worth it?
Not always. If no extensions remain or the application has other problems, a new application may be the better choice, and we’ll tell you so.
Experience
David Lizerbram has practiced trademark law for more than two decades and has handled more than 850 trademark filings.
Fast Turnaround
Revival windows are short, so we prepare the petition and the missing filing together.
Straight Answers
If revival isn’t the right move, we say so and recommend what to do instead.
Case Study
A technology company came to us after its application was abandoned because the lawyer handling it missed the USPTO’s notices. We took over as attorney of record and filed a petition to revive along with a full response to the examiner’s likelihood-of-confusion refusal. The USPTO granted the petition the same day and approved the application after a minor amendment, and the mark registered about five months later.
Case Study
A hotel owner’s application went abandoned after its previous lawyer withdrew and no one answered the examiner’s office action. We were brought in shortly before the revival window closed, and we filed the petition to revive together with a response to the refusal. The USPTO revived the application the next day, and the mark registered after we filed the Statement of Use.
Case Study
A coaching business let its intent-to-use application lapse after the Notice of Allowance while the brand was still taking shape. Within the revival window, we showed the owner how to present the brand on the business website so it would qualify as proof of use, then filed the petition to revive and the Statement of Use together. The USPTO revived the application the same day and accepted the Statement of Use three weeks later.
Client names and identifying details are withheld. Results depend on the facts of each matter, and past results don’t guarantee a similar outcome.
The Schenk Law Firm is based in North Park, San Diego. The USPTO registers trademarks for the whole country, and we handle revivals for applicants in every state.
Trademark searches, applications, and protection for brand names and logos.
Responses when the USPTO refuses or questions an application.
Keeping a registration alive with its maintenance filings.
Statements of Use & Extensions
Proving use and extending the deadline after allowance.
Checking a name before you file.
Stopping others from using a confusingly similar mark.
The revival window is short. Send us your serial number and we’ll tell you whether the application can be revived and what it will take.
Contact us today to discuss your abandoned application.
Request a ConsultationIt’s the standard for most petitions to revive. The applicant states that the delay in responding was unintentional, and the petition must include the missing response and the fee.
Generally two months from the notice of abandonment. If you never received the notice, there are separate deadlines that run from when you learned of the abandonment, with an outer limit.
Yes. A revived application keeps its original filing date and its place in line.
Then the usual path is a new application. Your rights from actual use of the mark continue in the meantime.