The purpose of a USPTO office action is to notify the trademark applicant of any problems that occur during the application process. There is a requirement with each office action that the trademark applicant respond to the office action within six months or the application will be considered abandoned. This is a strict deadline that the USTPO sets.

The requirements in order to file a petition to revive an abandoned application for failure to timely respond to an office action are:

  • Pay the required petition fee set by the USPTO,
  • A statement that must be signed by someone with firsthand knowledge of the facts that the delay in filing the response on or before the required deadline was unintentional, and
  • The complete proposed response to the office action.

All three requirements must be met for a petition to be considered by the USPTO.