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2. Request For Express
Abandonment (Withdrawal) Of Application
The applicant may use this form
to request express abandonment, i.e., withdrawal, of
its own pending application.
NOTE: Only the following may request express abandonment:
(1) the applicant; (2) a person(s) with legal authority to bind the
applicant, such as a corporate officer of a U.S. corporate
applicant or foreign corporation or company; a general partner of a
partnership applicant; each joint applicant if joint applicants; an
officer of an unincorporated organization; an officer or manager of
a limited liability company, etc. See TMEP
§§712.01 et seq.; or (3) the applicant's attorney. If
the application is currently subject to an appeal, opposition, or
concurrent use proceeding before the Trademark Trial and Appeal
Board, you must file this request directly with the Board. You may
do so electronically, using the Board's electronic system, ESTTA.
NOTE: Filing of an Express Abandonment does not result in
any refund of the original application fee. The fee is an initial
processing fee, which is not refunded later, regardless of any
expressed intent to cease prosecution of the application.
WARNING: You may file this request up to the point of actual
registration. However, if your application is already scheduled for
printing of a registration certificate, which occurs approximately
eight (8) weeks after the publication date, it may be too late to
withdraw the application from the registration cycle. Therefore,
although perhaps timely filed, your express abandonment will only
be processed after cancellation of the inadvertently issued
registration and restoration of your application to pendency; i.e.,
under this scenario, please be aware that significant delays in
processing this filing will occur.
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