Petition Forms

 

1. Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action [< This is the direct link to the electronic form.]

Preview Petition To Revive - Failure To Respond Timely to Office Action form [PDF] prior to accessing the electronic version through the numbered link, above.   Do not attempt to file the PDF version because it is for viewing purposes only and not the entrance of any information.

Use this form to file a petition to revive an abandoned application and request that the USPTO return the application to active ("pending") status. The United States Patent and Trademark Office (USPTO) "abandons" a trademark application whenever the USPTO does not receive a timely-filed response to an examining attorney's office action. "Abandoned" means that the application is no longer pending, and, therefore, cannot mature into a registration.

You may file a petition to revive only if the applicant's delay in responding to the Office action was unintentional. 37 C.F.R. §2.66. You must file the petition to revive no later than two (2) months from the mailing date of the notice of abandonment.

If you never received the notice of abandonment, and you have been diligent in prosecuting the application, you may file a petition within two (2) months from the date you became aware of the abandonment. To be considered diligent, you must have checked the status of the application every six (6) months from the filing date of the application. 37 C.F.R §2.66(a) and 2.146(I).

Note: Use the Petition to Director under Trademark Rule 2.146 form to request revival of a portion of the application that was partially abandoned.
______________________________________________________________________________________________

2. Petition To Revive Abandoned Application - Failure To File Timely Statement Of Use Or Extension Request [< This is the direct link to the electronic form.]

Use this form to file a petition to revive an abandoned application and request that the USPTO return the application to active ("pending") status. The United States Patent and Trademark Office (USPTO) "abandons" a trademark application whenever the USPTO does not receive a timely-filed Statement of Use (SOU) or Request for an Extension of Time to File a Statement of Use (Extension Request), in response to a Notice of Allowance. 37 C.F.R. §2.65. "Abandoned" means that the application is no longer pending, and, therefore, cannot mature into a registration.

You may petition to revive only if the delay in filing an SOU or Extension Request was unintentional. 37 C.F.R. §2.66. You must file the petition to revive no later than two (2) months from the mailing date of the notice of abandonment.

If you never received the notice of abandonment, and you have been diligent in prosecuting the application, you may file a petition within two (2) months from the date you became aware of the abandonment. To be considered diligent, you must have checked the status of the application every six (6) months from the filing date of the application. 37 C.F.R. §2.66(a) and 2.146(i).
______________________________________________________________________________________________

3. Petition to the Director under Trademark Rule 2.146 [< This is the direct link to the electronic form.]

Use this form to file a petition to the Director specifically pursuant to Trademark Rule 2.146 or to request revival under 37 C.F.R. §2.66 of a portion of an application that was partially abandoned. The petition must include a statement of the relevant facts and be accompanied by any relevant evidence as well as the required fee ($100). When facts are to be proved, the petitioner must submit proof in the form of an affidavit or declaration under 37 C.F.R. §2.20. See TMEP §1702 for general information about when a 2.146 petition is appropriate, and TMEP §1705 et seq.

NOTE: If using this form to request revival of a portion of the application that was partially abandoned, please notify the Petitions Office at 571-272-8950 that a request to revive a partially-abandoned application was filed and indicate the application serial number.

WARNING: Do not use this form to:

  1. Amend the basis for registration after publication; instead, use the "Petition to Change the Filing Basis After Publication" form.
  2. Amend or correct a registration; instead, use the Section 7 Request form for that purpose.
  3. File a "Petition to the Director to Review Denial of a Letter of Protest" because it will become part of the public record; instead, use the Letter of Protest form. Therein, indicate in the body of the submission that it is a "Petition to the Director - Letter of Protest Denied." You must comply with the requirements for filing a Petition to the Director including the submission of the $100 petition fee. 37 C.F.R. §2.146. You may include authorization to charge the fee to a USPTO Deposit Account or submit a completed credit card authorization form with your filing.

______________________________________________________________________________________________

4. Petition to Make Special [< This is the direct link to the electronic form.]

Use this form to petition to expedite initial examination of an application. A petition fee ($100) is required. Petitions to make special are granted when there is the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration. See TMEP §1710 et seq.
______________________________________________________________________________________________

5. Request to Restore Filing Date [< This is the direct link to the electronic form.]

Use this form if you previously filed an application that was denied a filing date and you have evidence to show that you met the minimum filing date requirements. You must first file a new application first and have a new serial number.
______________________________________________________________________________________________

6. Request to Make Special [< This is the direct link to the electronic form.]

Use this form to request to expedite initial examination of an application because your prior registration was inadvertently cancelled or expired for failure to file the necessary post registration maintenance document. You must provide the prior registration number and the mark in the new application must be identical to the mark in the cancelled or expired registration and the goods/services in the new application must be identical to or narrower than the goods or services in the cancelled or expired registration.
______________________________________________________________________________________________

7. Request for Reinstatement [< This is the direct link to the electronic form.]

Use this form to request reinstatement of an application that was abandoned due to USPTO error. You must have clear evidence of USPTO error to support your request for reinstatement. Failure to receive an Office action or notice from the USPTO is not grounds for requesting reinstatement. NOTE: Use the petition to revive form in all cases where the abandonment of the application was unintentional and you do not have the required evidence to support reinstatement. WARNING: Do not use this form to request reinstatement of a registration cancelled or expired due to USPTO error. Instead, use the "Petition to the Director under Trademark Rule 2.146" form. The petition fee will be refunded if it is determined that you are entitled to reinstatement.
______________________________________________________________________________________________

8. Due Diligence Petition under Trademark Rule 2.66 [< This is the direct link to the electronic form.]

Use this form if you did not receive the notice of abandonment and now are filing a petition to revive more than two (2) months after the issue date of the notice of abandonment.

Do not use this form if it is less than two months since the issue date of the notice of abandonment. Instead, use the petition to revive forms.

Your petition must be filed within two (2) months of actual notice. You must provide information about when and how you became aware of the abandonment of the application. You must establish that you have been duly diligent in prosecuting the application. To be considered diligent, an applicant must check the status of a pending application every six (6) months between the filing date of the application and issuance of a registration and promptly request corrective action in writing where necessary. If it is more than six (6) months since your application was abandoned, the petition will be denied as untimely.


A petition fee is required. All other requirements of Trademark Rule 2.66 must be met. For further information, see TMEP §1705.05 and §1714 et seq.

______________________________________________________________________________________________

9. Petition to Change the Filing Basis After Publication [< This is the direct link to the electronic form.]

Use this form if you want to change the filing basis for registration after your mark has published for opposition. Do not use this form if your application is the subject of an inter partes proceeding before the Trademark Trial and Appeal Board. A petition fee is required. The petition must include all of the necessary documents and averments needed to support the amendment to the basis. For further information, see TMEP §806.03(j) et seq.
NOTE: If the specific amendment is a deletion of a Section 1(b) basis, then use the TEAS "Request To Delete Section 1(b) Basis, Intent To Use" form, even if post-publication.
______________________________________________________________________________________________

10. Letter of Protest [< This is the direct link to the electronic form.]

Preview Letter of Protest form [PDF] prior to accessing the electronic version through the numbered link, above.   Do not attempt to file the PDF version because it is for viewing purposes only and not the entrance of any information.

Third Parties may use this form to object to the registration of a mark currently pending in the USPTO if they provide a basis for refusing registration during ex parte examination. Issues such as prior use or fraud are not grounds for accepting a letter of protest. You must attach objective evidence to the letter of protest to be forwarded to the examining attorney unless you are only citing a prior pending application or registration. In those cases, you do not need to attach copies of documents already in the USPTO data base. You may just provide the relevant serial numbers or registration numbers. Please note: Arguments or information in the letter itself are never forwarded for consideration by the examining attorney. The USPTO will deny any letter of protest that merely presents purely adversarial arguments or is otherwise inappropriate.

A letter of protest must be filed no later than thirty (30) days after the date of publication or the USPTO will deny it as untimely. The USPTO will grant a letter of protest filed after publication only where publication of the mark constituted clear error because the evidence provided establishes a prima facie case for refusal of registration. A letter of protest may not be filed for registered marks; instead, a petition to cancel a registered mark must be filed with the Trademark Trial and Appeal Board. For further information, see TMEP §1715 et seq.

You may also use this form to file a Petition to the Director to review the denial of a Letter of Protest. Using the Letter of Protest form rather than the 2.146 Petition to the Director form will ensure that the petition does not become part of the public record. You must comply with the requirements for filing a Petition to the Director including the submission of the $100 petition fee. 37 C.F.R. §2.146. You may include authorization to charge the fee to a USPTO Deposit Account or submit a completed credit card authorization form with your filing.
______________________________________________________________________________________________

11. Response to Petition to Revive Deficiency Letter [< This is the direct link to the electronic form.]

Use this form only to respond to a notice of incomplete petition issued after your Petition to Revive was found to be incomplete.
______________________________________________________________________________________________

12. Response to Petition to Director Inquiry Letter [< This is the direct link to the electronic form.]

Use this form only to respond to a notice of deficiency issued after your Petition to the Director was found to be incomplete.
______________________________________________________________________________________________

13. Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after NOA [< This is the direct link to the electronic form.]

Use this form to file a petition to revive after a Notice of Allowance has issued and the application has abandoned for failure to file a statement of use, under one of the following limited situations: (1) you are requesting to delete all of the ITU goods/services in the application; or (2) you are requesting to delete the ITU basis in the application and rely on another basis already of record in the application.

The submission must include a statement that the delay in filing a response to the Notice of Allowance was unintentional. In addition, you must either request that all of the goods/services based solely on Intent to Use be deleted from the application or request that the ITU basis where there is already another basis for registration be deleted so that the application can proceed to registration based on either use in commerce or Section 44(e) which is already of record in the application.
______________________________________________________________________________________________

14. Petition to Director to Review Denial of Certification of International Application [< This is the direct link to the electronic form.]

Use this form to file a petition to the Director specifically to review the denial of certification by the USPTO's Madrid Processing Unit of an application for international registration through the Madrid Protocol. You must specify a USPTO Reference Number/Control Number to use this form, and include as part of the submission a clear statement of the relevant facts and any evidence, if necessary, supported by a declaration, where appropriate. Please see the important information in the Petition to Review Denial of Certification of an International Application under the Madrid Protocol Information Sheet at http://www.uspto.gov/trademarks/law/madrid/Madrid_Petition_Info.jsp.

 

NOTE: A petition to cancel a registration owned by another party may be filed with the Trademark Trial and Appeal Board under §14 of the Trademark Act. See overall category "TRADEMARK TRIAL AND APPEAL BOARD FORMS" on the TEAS front page.