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U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations

July 5, 2017

Blog

U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations

July 5, 2017

Back to Fish's Trademark and Copyright Blog

 

It has long been possible to resurrect trademark applications and registrations that were inadvertently allowed to lapse.  Effective July 8, any petition to revive an abandoned application or request to reinstate a trademark registration must be filed according to the following:

  • If the mark owner received from the U.S. Trademark Office a notice of abandonment/cancellation/expiration, the petition/request must be filed within two months of the date of the notice
  • If the mark owner did not receive a notice of abandonment/cancellation/expiration, the petition/request must be filed within six months of the date the Office’s electronic records show the application was abandoned or the registration abandoned, cancelled, or expired

The six month deadline can be waived upon petition showing “extraordinary circumstances.”  As this standard is difficult to meet, trademark owners should instead ensure they (or their counsel) have robust monitoring systems to ensure that the status of all pending applications and trademark maintenance filings are closely watched and all deadlines are met.

Blog Authors

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Keith A. Barritt | Principal

Keith A. Barritt is a Principal in the Washington, DC, office of Fish & Richardson. His practice is primarily focused on all aspects of trademark law, including prosecution and inter partes proceedings before the United States Patent and Trademark Office, Internet domain name...

One response to “U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations”

  1. Neici says:

    If it has been dead for over a year can the same name be used by someone else without the worry of someone suing for infringement at a later time? It will offer different goods and services of course.

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