Overview of final rule on revivals, reinstatements, and petitions to the director

This page summarizes the final rule published in the Federal Register on June 29, 2017. The rule goes into effect on July 8, 2017.

For the full text of the final rule, see Revival of Abandoned Applications, Reinstatement of Abandoned Applications and Canceled or Expired Registrations, and Petitions to the Director (82 Fed. Reg. 29401).

The rule in brief

This rule:

  • Provides specific deadlines for filing petitions to revive an abandoned trademark application, requests for reinstatement, and petitions regarding other matters
  • Provides new rules for reinstating applications and registrations
  • Limits your ability to claim in a petition that you did not receive a particular office action or notice of allowance to one time only
  • Requires you to specify whether you are filing a notice of appeal when filing a petition to revive an application that abandoned because you did not respond to a final office action.

Benefits of the rule

  • Promotes the integrity and accuracy of application and registration information in our electronic records system
  • Clarifies time periods and filing requirements for requests for revival and reinstatement
  • Clarifies deadlines for requesting the director to take action on other matters
  • Facilitates efficient and consistent handling of petitions and requests for reinstatement. 

Overview of deadlines for filing petitions

 

Petitions to revive abandoned applications

If you received a notice of abandonment, you must file your petition to revive your application within two months of the issue date of the notice.

If you did not receive the notice of abandonment, you must file a petition to revive your application within two months of the date you became aware of the abandonment and no later than six months after the date our electronic records show your application was abandoned.

Petitions to the director, where no other deadline is specifically provided by the rule

If you received a notice of abandonment, notice of cancellation or expiration, or notice of denial of certification of an international application, you must file your petition to the director within two months of the issue date of the notice.

If you did not receive a notice or if no notice was issued, you must file your petition to the director within two months of the date you became aware of the action or notice that is the subject of your petition, and no later than six months after the date our electronic records show the action or notice. If you file later than the six-month deadline, you may request that the director waive the timeliness rule in cases of extraordinary circumstances.

Requests for reinstatement

If you received a notice of abandonment or notice of cancellation or expiration, you must file your request for reinstatement within two months of the issue date of the notice.

If you did not receive a notice, or if no notice was issued, you must file your request for reinstatement within two months of the date you became aware of the abandonment, cancellation, or expiration and no later than six months after the date our electronic records show the application abandoned or the registration cancelled or expired.

Untimely petitions and requests for reinstatement

For petitions and requests for reinstatement filed more than six months after abandonment, cancellation, or expiration, you can file a petition to the director requesting that the director waive the rule and allow a late petition if extraordinary circumstances prevented you from timely filing the petition. See the Trademark Manual of Examining Procedure (TMEP) §1708 for an explanation of extraordinary circumstances.