What does “abandoned” mean on a trademark application?
An abandoned trademark application means that the application is no longer active with the USPTO and will not move forward toward registration unless it is successfully revived or a new application is filed.
Common reasons an application may become abandoned include:
The applicant failed to respond to a USPTO Office Action by the required deadline.
The applicant failed to file a required Statement of Use or extension request on time after receiving a Notice of Allowance.
In some situations, an applicant may be able to file a Petition to Revive if the abandonment was unintentional and the USPTO's requirements are met. If revival is not available, the applicant may need to file a new trademark application and pay new filing fees.
Abandonment is different from a final determination that the trademark can never be registered. It usually means the particular application stopped moving forward because a required action was not completed. Depending on the reason and timing, revival or a new application may be possible.
An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.
Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.
The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.
An Office Action is a formal written notice from the USPTO explaining a legal refusal, procedural requirement, or other issue that must be addressed before the application can continue.