Abandonment of Application

Abandonment of a trademark application occurs when an applicant submits to the United States Patent and Trademark Office the appropriate forms to start the trademark registration process but does not complete all required forms to finalize registration of the mark.

Abandonment of an application typically occurs in at least two primary instances. First, when the applicant has filed an application and the Patent and Trademark Office conducts its review, the Patent and Trademark Office may have questions about the application that need further explanation from the applicant. In such cases, the Patent and Trademark Office issues an official letter outlining the concern or question. The applicant has six months to respond to the official letter or the Patent and Trademark Office will consider the application abandoned.

Second, when the applicant files an Intent to Use form with the Patent and Trademark Office, the office conducts a review and notifies the public in the Official Gazette of the plan to register the mark. Once the review period has passed, the Patent and Trademark Office notifies the applicant that they can proceed with the registration process. If the applicant does not file a Statement of Use with the Patent and Trademark Office or an extension request within six months, the office will likewise consider the application abandoned.