What is a petition to revive?
A Petition to Revive is a request submitted to the USPTO asking that an abandoned trademark application be returned to active status. It is typically used when the application became abandoned because the applicant unintentionally missed a filing deadline or failed to respond to a USPTO requirement.
To file a Petition to Revive, the applicant generally must:
State that the delay was unintentional.
Submit any missing response, Statement of Use, or extension request.
Pay the required USPTO fee.
File the petition within the applicable USPTO time limit
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 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.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.
A Statement of Use is a USPTO filing for an intent-to-use application that states the mark is now in use in commerce and normally includes dates of use and an acceptable specimen.