Blog December 2, 2020
U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations
- Person title
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.
The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.
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