Petition to Revive Trademark Application

A petition to revive is a form that must be filled out if an applicant wishes to revive a former application that was ruled abandoned. An abandoned application means that the application is no longer pending and it has not matured into a valid registered mark. A federal trademark application is considered abandoned by the USPTO when either (1) applicant fails to timely respond to a office action,  or (2) the applicant fails to timely file a statement of use or request an extension to file the statement of use.

An applicant may submit a petition to revive an application and request that the application is restored to an active or pending status, as long as the delay for responding to an office action or filing a statement of use was unintentional. This petition must be filed within two months from the date of a notice of abandonment, or within two months of the date the applicant receives actual knowledge of the abandonment.