What happens if my trademark application is abandoned?
If your application is abandoned, it is no longer active and cannot mature into a registration. This can occur for several reasons, such as missing the filing deadline to respond to an Office Action or failing to file a Statement of Use or an Extension of Time.
For instance, missing the deadlines for filing a Statement of Use or an Extension of Time are common scenarios that lead to abandonment.
Can I revive an abandoned trademark application?
Yes, if your application is abandoned but you still want to pursue a trademark registration, you may be able to revive your application by filing a Petition to Revive. However, you must also address any earlier issues that caused the abandonment, such as missed filings, which may incur additional legal and government fees.
Alternatively, if reviving the abandoned application is impractical or less economical, filing a new trademark application from the start is another option to secure your rights.
What are the fees for filing a Petition to Revive?
Petition to Revive Where There is a Missed Office Action Response
Markavo Legal Fee: $199 to file a Petition to Revive.
Government Filing Fee: $250 for the Petition to Revive.
Extension of Time for Filing Response to an Office Action: $125 (government fee).
Petition to Revive Where There is a Missed Statement of Use or Extension Request
Markavo Legal Fee: $199 to file a Petition to Revive.
Markavo Legal Fee for Statement of Use or 6-Month Extension: $125.
Government Filing Fee: $250 for the Petition to Revive.
Government Fee for Missed Extension of Time: $125 per class.
Additional Fees Based on Trademark Use:
If you are currently using your trademark for the applied-for goods and services:
Government Fee for Statement of Use: $150 per class.
If you are not yet using your trademark and need an additional 6-month extension:
Government Fee for 6-Month Extension of Time to File a Statement of Use: $125 per class.
Note: The Petition to Revive does not extend the time for filing a Statement of Use. Before we can provide an accurate price quote for government filing fees, we need to determine if you are using your trademark in commerce. When filing the Petition to Revive, we must also file either a Statement of Use (if you are currently using the goods/services in commerce) or an Extension of Time.
What happens if I don’t file a Petition to Revive?
If you do not file a Petition to Revive before the deadline, your trademark application will remain abandoned, and your only option will be to file a new trademark application.
In such cases, filing a new application can be a feasible alternative, especially when considering cost and updated ownership details.
How do I hire Markavo to file a Petition to Revive?
To have Markavo file a Petition to Revive, please contact us with your trademark serial number for a detailed price quote. While Markavo charges $199 for legal fees to file the Petition to Revive, government filing fees vary significantly depending on the specifics of your case.