Petition Forms
1. Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action [< 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 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).
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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).
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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. 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.
WARNING: Do not use this form to (1) request an amendment or correction of a registration; instead, use the Section 7 Request form for that purpose; or (2) 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.
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4. Petition to Make Special [< This is the direct link to the electronic form.]
Use this form to petition to advance initial examination of an application out of its regular order. A petition to make "special" must be accompanied by the petition fee ($100), an explanation of why special action is requested, and a statement of facts that shows that special action is justified. The statement of facts must be supported by an affidavit or declaration under 37 C.F.R. §2.20. The most common reasons for granting petitions to make "special" are 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.
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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 the required evidence to show that you are entitled to the earlier filing date. You must first file a new application and have a new serial number.
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6. Request to Make Special [< This is the direct link to the electronic form.]
Use this form to request to advance initial examination of an application out of its regular order because the mark in the application was the subject of an inadvertently cancelled or expired previous registration. No petition fee is required in this situation. The USPTO will grant "special" status only if (1) the mark in the new application is identical to the mark in the cancelled or expired registration; and (2) the goods or services in the new application are identical to or narrower than the goods or services in the cancelled or expired registration.
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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. Also, to request reinstatement of a registration cancelled or expired due to USPTO error, do not use this form, but instead use the "Petition to the Director under Trademark Rule 2.146" form.
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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.
If the petition to revive is being filed within the two-month period after the issuance of the notice of abandonment, the applicant should use the petition to revive forms.
The petition must be timely, i.e. filed within two (2) months of actual notice. The petitioner should provide information about when and how he or she became aware of the abandonment of the application. The petitioner must establish that he or she has 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.
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.
You may also use this form to submit a "Request for Reinstatement for an Application Abandoned in Error." You would need to pay the fee that is required for this petition form at this time, and then request a refund, since no fee is actually required for a reinstatement request.
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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.
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10. Letter of Protest [< This is the direct link to the electronic form.]
Use this form if you as a "third party" wish to object to the registration of a mark currently pending in the USPTO. The letter of protest must include factual and objective evidence that is relevant and supports a reasonable ground for refusing registration. The USPTO will deny any letter of protest that merely presents purely adversarial arguments or is otherwise inappropriate.
A letter of protest filed after a mark has been published for opposition must be filed no later than thirty (30) days after the date of publication or the USPTO will deny 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. and Examination Guide 4-08, Letters of Protest in Pending Trademark Applications.
You may also use this form to file a Petition to the Director to Review 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. 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.
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11. Response to Petition to Revive Deficiency Letter [< This is the direct link to the electronic form.]
Use this form only if as a petitioner you are attempting to respond to a notice of deficiency that the USPTO issued after your filing of an incomplete Petition to Revive.
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12. Response to Petition to Director Inquiry Letter [< This is the direct link to the electronic form.]
Use this form only if as a petitioner you are attempting to respond to a notice of deficiency that the USPTO issued after your filing of an incomplete Petition to the Director.
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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 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 the following statements: (1) the delay in filing a response to the Notice of Allowance was unintentional; and (2) that the Intent to Use basis for the entire application should be deleted and the application should proceed to registration based solely on the Section 44(e) basis, OR a clear specification of the goods and/or services in the application that should be deleted from the application and a request that the application proceed to registration with the remaining goods and/or services that are based on either use in commerce or Section 44(e).
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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.
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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.
