Filing a trademark petition form

Form: Request to Restore Filing Date 

When to file: File immediately after receiving your new serial number, or as soon as possible after that. File no later than two months after the issue date of your Notice of Incomplete Trademark Application.

Purpose: Restore a filing date if your previously filed application 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 and have a new serial number to use the form. There is no fee for this request.

Requirements: Your request must include either:

• A screenshot of the confirmation page in Trademark Center or your filing receipt from the USPTO that includes the date of receipt and a summary of your submission; or
• Self-evident proof that your application met filing date requirements and shouldn't have been denied a filing date.

If you don't have either of these types of proof, submit your request using the Petition to Director form, which requires a fee.

Form: Request to Make Special

When to file: File immediately after receiving your new serial number, or as soon as possible after that.

Purpose: Expedite initial examination of your application if your prior registration was inadvertently canceled or expired because you didn't file a post-registration maintenance document by the deadline.

• The trademark in the new application must be identical to the trademark in the canceled or expired registration.
• The goods and services in the new application must be identical to, or narrower than, the goods and services in the canceled or expired registration.
• The owner of the application and canceled registration must be the same.

Requirements: Your request must include the registration number for the canceled or expired registration.

Form: Petition to Make Special

 When to file: File immediately after receiving your serial number, or as soon as possible after that.

Purpose: Request that we expedite initial examination of your application when there are special circumstances and you're at risk of losing substantial trademark rights. Common situations that many applicants experience aren't special circumstances. For example, if you're starting an advertising campaign and want your registration issued quickly, you don't have special circumstances.

Requirements: Your petition must include the petition fee, as well as evidence demonstrating the possibility of losing substantial trademark rights.

For example:

• If there is pending litigation, a copy of the pleadings
• If there is actual infringement, a copy of a cease-and-desist letter you sent to the infringing party
• If you need a trademark registration to secure government approval for the goods or services, a copy of the regulation or an agency action requiring the trademark registration

Form: Petition to Director 
In step 3 of the form, select “Allow multiple renditions of my three-dimensional mark in a single drawing.”

When to file:  File after you submit your application and receive your serial number, or promptly after receiving an office action refusing your drawing because it shows more than one view of the trademark.

Purpose: Request that we allow you to use a drawing showing the trademark in more than one view.

Requirements: Your petition must include:

• A statement of relevant facts and the relief you are requesting, including a statement that the trademark can't be adequately depicted in a single view
• A declaration under Trademark Rule 2.20 signed by the applicant or an authorized attorney
• A substitute drawing showing multiple renditions of the trademark, if you haven't already submitted one
• The petition fee

Decision example:

• Request to show multiple versions of a trademark - granted. See petition filed August 30, 2021, and decision issued October 4, 2021.

Form: Petition to Director for an International Application/Registration

When to file: File after a USPTO Reference Number has been assigned to the International Application.

Purpose: Request relief in connection with an international application in which the U.S. is the office of origin. For example, you can request:

• That we forward an assignment (MM5) or security interest (MM19) to the International Bureau because you can't obtain the holder’s signature
• A correction to the international application because of a USPTO or IB error
• Withdrawal of the international application
• Correction to the listing of designated countries

Requirements: Your petition must include:

• A statement of relevant facts and the relief you are requesting, such as the examples above
• A declaration under Trademark Rule 2.20 signed by the petitioner or an authorized attorney
• The petition fee

 Use the Petition to Director form instead if you don't have a USPTO Reference Number.

Resources: Madrid Protocol 

Form: Petition to Director to Review Denial of Certification of International Application 

When to file: File immediately after receiving your denial of certification but no later than two months after the issue date. If your international application isn't certified and received by the International Bureau within two months of the original application filing date, the date of international registration will be affected.

Purpose: Request that we review the decision to deny certification of an application for international registration filed through the Madrid Protocol.

Requirements: Your petition must include:

• A statement of relevant facts and the relief you are requesting
• A declaration under Trademark Rule 2.20 signed by the petitioner or an authorized attorney
• The petition fee
• A substitute MM2, if appropriate

Resources: Petitions to Review Denial of Certification of an International Application, Madrid Protocol 

Form: Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

When to file: File after your application has been approved for publication, but before a Notice of Allowance has been issued.

Purpose: Request an amendment that doesn’t require examining attorney review. For example, a typographical error in the applicant’s entity type.

Resource: Changing application information after publication, TMEP 1505

Form: Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

When to file: File after a Notice of Allowance has issued, but before you file a Statement of Use.

Purpose: Request to amend your application after a Notice of Allowance has issued but before you file your Statement of Use. You may only request the following amendments:

• Delete goods or services
• Amend your trademark in a way that does not materially alter it
• Correct an error in your application in limited circumstances

For other amendments, use the Petition to Director form. We only enter amendments that don't require examining attorney review. For example, adding a disclaimer to your application.

Resource: Changing application information after publication, TMEP section 1505

Form: Petition to Director
In Step 3 of the form, select "Other" and enter "request jurisdiction be restored to examining attorney to review post publication amendment."

When to file: File before a Notice of Allowance issues.

Purpose: Request that we restore jurisdiction to the examining attorney to review an amendment submitted after approval for publication. While minor changes, such as correcting a typo or adding a disclaimer, don't usually require examining attorney review, to request a more substantial change at this stage of the process, jurisdiction must be restored to the examining attorney.

Form: Request to Delete Section 1(b) Basis, Intent-to-Use

When to file: File after your application has been approved, published, or a Notice of Allowance has issued.

Purpose: Request to delete a Section 1(b) filing basis for your entire application or for an entire class of goods or services in your multi-basis application. You must rely on an alternative, previously claimed filing basis that also supports your goods and services.

Resource: Changing application information after publication, TMEP 806.04

Form: Petition to Change the Filing Basis After Publication 

When to file: File after your application has been approved, published, or a Notice of Allowance has issued.

Purpose: Change your filing basis to Section 44(e) (foreign registration) after your trademark has published for opposition.

Requirements: To add or substitute a Section 44(e) filing basis, you must include:

• A copy of the foreign registration
• If your application currently includes a Section 1(b) basis, a clear statement of your intent, such as
  • Delete the 1(b) basis and substitute the 44(e) basis
  • Add a 44(e) basis and perfect the 1(b) basis by submitting a Statement of Use with your petition
  • Substitute the 44(e) basis but retain the 1(b) basis until the examining attorney approves the foreign registration

Resource: Changing application information after publication, TMEP 806.03(j)

Form: Petition to Director 
In step 3 of the form, select “Review decision denying Section 8 or 71 declaration.” 

When to file: File no later than six months after the issue date of the office action maintaining the refusal of your filing.

Purpose: Request review of the continued refusal of your specimens of use, ownership information, or excusable nonuse claim submitted in a Section 8 or 71 declaration, or request review of the refusal to accept proof of use submitted in response to a post registration audit.

Resources: Specimen requirements, Post Registration Audit Program

Decision examples:

• Nonuse is excusable – granted. See petition filed July 1, 2021, and decision issued October 8, 2021.
• Proof of use established for some goods – partially granted. See petition filed Mach 29, 2021 and decision issued February 24, 2022.
• Ownership information clarified - granted. See petition filed May 4, 2021 and decision issued January 6, 2022.

Form: Petition to Director 
In step 3 of the form, select “Reinstate a cancelled registration and accept a late response to an office action issued in connection with a Section 8 or 71 declaration.” 

When to file: File no later than two months after the issue date of your Notice of Cancellation. If you haven't received a notice, file within two months of the date you learned of the notice, but no later than six months after the cancelation date in TSDR.

The Director cannot reinstate a registration that was canceled because you did not file a statutory maintenance filing (e.g., a Section 8 or 71 declaration). Such a petition will be denied and the petition fee will not be refunded.

Purpose: Request that we waive your response deadline and reinstate your registration if an extraordinary situation prevented you from responding on time to an office action. The failure to receive a Post Registration Office action notification email is not considered, in and of itself, an extraordinary situation. 

Requirements: Your petition must include your response to the office action and must explain the extraordinary situation that prevented you from submitting it on time.

Resources: TMEP section 1708

• Extraordinary situation – granted. See petition filed October 8, 2019 and decision issued February 20, 2020.
• Extraordinary situation – granted. See petition filed February 11, 2020 and decision issued June 24, 2020.
• No extraordinary situation – denied. See petition filed April 5, 2021 and decision issued December 7, 2021.
• No extraordinary situation – denied. See petition filed July 12, 2022 and decision issued September 27, 2023.

Form: Petition to Director
In step 3 of the form, select “Review decision denying Section 7 request.”

When to file: File no later than six months after the issue date of the office action refusing your amendment.

Purpose: Request review of the denial of a Section 7 request to amend or correct a trademark registration.

Resource: TMEP section 1609

Decision examples:

• Mark amendment is material alteration – denied. See petition filed April 10, 2021 and decision issued December 10, 2021.
• Mark amendment is material alteration – denied. See petition filed June 14, 2021 and decision issued April 9, 2022.

Form: Petition to Director
In step 3 of the form, select “Other” and enter “abandon a section 15 affidavit of incontestability.”

When to file: File any time after submitting your Section 15 affidavit of incontestability.

Purpose: Request to abandon a Section 15 affidavit or the Section 15 portion of your combined declaration of use or excusable nonuse and affidavit of incontestability (Section 8 and 15, or Section 71 and 15).

Decision examples:

• Request to abandon affidavit of incontestability - granted. See petition filed August 27, 2021 and decision issued March 24, 2022.
• Request to abandon affidavit of incontestability – granted. See petition filed February 1, 2022 and decision issued April 7, 2022.

Form: Petition to Director 
In step 3 of the form, select “Allow an amendment due to technology evolution.”

When to file: File after your trademark has registered.

Purpose: Request that we amend your registered good or service to a good or service that is fundamentally the same but has evolved due to changes in technology.

Resource: Amending your registration's good or services when technology evolves

Decision examples:

• Amendment of services allowed – granted. See petition filed May 17, 2021 and decision issued March 17, 2022.
• Amendment of goods allowed – granted. See petition filed May 6, 2021 and decision issued January 13, 2022.

Form: Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action

When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR.

Purpose: Revive an abandoned application because you:

• Unintentionally failed to submit a response to your office action on time
• Didn't receive an office action, or
• Unintentionally failed to respond to a suspension inquiry

Resource: Reviving an abandoned application

Form: Petition to Director  
In step 3 of the form, select “Revive partially abandoned goods or services.” You'll only be charged the Petition to Revive fee, not the Petition to Director fee.

When to file: File no later than two months after the issue date of the examiner’s amendment deleting the goods or services.

Purpose: Request revival of goods or services that were partially abandoned because you unintentionally failed to respond to a refusal.

Resource: Reviving an abandoned application

Form: Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR.

Purpose: Revive an abandoned application because you:

• Unintentionally missed the deadline to file a Statement of Use (SOU) or request for extension of time to file an SOU
• Didn't receive a Notice of Allowance

Resource: Reviving an abandoned application

Form: Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after Notice of Allowance

When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR.

Purpose: Revive an abandoned application because you:

• Unintentionally missed the deadline to file a Statement of Use (SOU) or request for extension of time to file an SOU, or
• Didn't receive a Notice of Allowance,

And

• You want to delete section 1(b) basis (intent-to-use) and change your filing basis to section 1(a) (use in commerce) or section 44(e) (foreign registration). 

Resource: Reviving an abandoned application

Form: Petition to Director 
In step 3 of the form, select “Reverse holding of abandonment for incomplete response.”

When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR.

Purpose: Request to reverse an abandonment for incomplete response to an office action. You must provide:

• Proof of clear error or abuse of discretion,
• Proof that you substantially complied with a final refusal or requirement, or,
• If you were issued a notice of incomplete response, proof that your response was properly signed.

Do not include additional arguments or specimens of use, or your petition will be denied and your petition fee will not be refunded.

Resource: Reviving an abandoned application, TMEP section 1713

Form: Request for Reinstatement

When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR.

Purpose: Reinstate your abandoned application without a fee, in limited situations. You must show that your application was abandoned due to a USPTO error. Not receiving an office action or Notice of Allowance that was emailed to you is not a basis for reinstatement. 

Resource: Reviving an abandoned application

Form: Response to Petition to Revive Deficiency Letter

When to file: File within the time noted in the deficiency letter (usually 30 days).

Purpose: Respond to a Petition to Revive Deficiency Letter that issued because your petition to revive was incomplete.

Resource: Reviving an abandoned application

Form: Petition to Director
In step 3 of the form, select “Other” and enter “review denial of a petition to revive.”

When to file: File no later than two months after the issue date of your petition decision.

Purpose: Request review of the denial of your petition to revive. For example, if you didn't receive a petition to revive deficiency letter and your petition to revive was denied because you didn’t respond, you can request that your petition to revive be reconsidered.

Resource: Reviving an abandoned application

Form: Letter of Protest 

When to file: File before the pending application is published or up to 30 days after publication.

Purpose: Provide evidence about the registrability of a trademark in a pending application that was filed by another trademark owner.

Resource: Letter of protest practice tips

Form: Notice of Opposition
In the Electronic System for Trademark Trials and Appeals (ESTTA), choose "Notice of Opposition" in the dropdown menu under "File a new proceeding.”

When to file: File no later than 30 days after the publication date or within an extension period granted by the Trademark Trial and Appeal Board (TTAB).

Purpose: Provide evidence showing that you'll be damaged if someone else's trademark is registered on the Principal Register. For example, evidence of infringement on your trademark or of unlawful trademark use.

Resources: Initiating a new proceeding

Form: Petition to Cancel
In the Electronic System for Trademark Trials and Appeals (ESTTA), choose "Petition for Cancellation" in the dropdown menu under "File a new proceeding.”

When to file: File any time after registration in most situations.

• To request cancellation on the ground that the trademark has never been used in commerce, file your petition at least three years, but no more than five years after the registration date.
• If you file your petition more than five years after the registration date, you can only request cancellation on the ground that the trademark has become generic.

See Trademark Act Section 14 for a description of these grounds.

Purpose: Provide evidence showing that you've been damaged by a federally registered trademark.

Resources: Initiating a new proceeding

Form: Petition for Expungement or Reexamination
In step 3 of the form, select the expungement option.

When to file: File at least three years after registration date. We accept petitions to expunge if the registration is at least three, but no more than 10 years old.

Purpose: Request we institute a proceeding to cancel or partially cancel a registration if you have evidence showing that the trademark was never in use with one or more of the registered goods or services. If we institute a proceeding, the registrant will have an opportunity to respond and provide evidence of trademark use.

Requirements: Your petition must include:

• A verified statement of the facts establishing that you've conducted a reasonable investigation concerning the trademark's use in commerce and explaining the basis for your petition
• Proof that the trademark has never been in commerce
• The petition fee per class of goods or services

Resource: USPTO implements the Trademark Modernization Act

Form: Petition for Expungement or Reexamination
In step 3 of the form, select the reexamination option.

When to file: File no later than five years after the registration date.

Purpose: Request we institute a proceeding to cancel or partially cancel a registration if you have evidence showing that the trademark was not in use by the date claimed by the registrant, which is either:

• The application filing date if the application was based on use in commerce, or
• The filing date of the Amendment to Allege Use, or the deadline to file a Statement of Use (whichever is later) if the application was based on intent to use

If we institute a proceeding, the registrant will have an opportunity to respond and provide evidence of trademark use.

Requirements: Your petition must include:

• A verified statement of the facts establishing that you've reasonably investigated the trademark's use and explaining the basis for your petition
• Self-evident proof that the trademark was not in use in commerce by the claimed date
• The petition fee per class of goods or services

 Resource: USPTO implements the Trademark Modernization Act

Form: Petition to Director
In step 3 of the form, select “Review TTAB Interlocutory Order or submit a reply brief.”

When to file: File no later than 30 days after the issue date of the order.

Purpose: Request to reverse a non-final interlocutory order by the TTAB. You must show clear error or abuse of discretion.

Form: Petition to Director 
In step 3 of the form, select “Review TTAB Interlocutory Order or submit a reply brief.”

When to file: File no later than 15 days after the filing date of the petition to review the TTAB interlocutory order.

Purpose: Submit a reply brief in response to a petition to the Director filed in a TTAB proceeding. There is no petition fee required to file a reply brief.

Form: Petition to Director
In step 3 of the form, select "Review TTTAB Interlocutory Order or submit a reply brief.” 

When to file: File no later than 15 days after the issue date of the decision to grant or deny the request.

Purpose: Request review of a TTAB decision on a request for an extension of time to oppose.

Form: Response to Petition Inquiry Letter

When to file: File within the time noted in the inquiry letter (usually 30 days).

Purpose: Respond to an inquiry letter you received because your Petition to Director was incomplete. 

Form: Petition to Director 
In your paper petition, note your reason for filing as “Accept a paper submission when TEAS was unavailable on the filing deadline.”

When to file: File on the submission due date.

Purpose: Request that we accept a paper submission if you can't file electronically on the due date. This petition should include your paper submission and all necessary fees.

Resource: Petition requirements for accepting a paper submission under Rule 2.147, TMEP section 1709

Form: Petition to Director
In step 3 of the form, select “Accept a previously submitted and timely filed paper submission”

When to file: File no later than two months after the denial notice.

Purpose: Request that we accept a paper submission you already filed. This petition is only for:

• Applications with a Section 44(d) priority date
• Statements of Use (SOU) filed in the last six-month extension period
• Section 8 or 71 declarations of continued use or excusable nonuse with a statutory deadline 
• Section 9 renewal applications with a statutory deadline.
• Section 70(c) applications for transformation with a statutory deadline
• Section 14 petitions to cancel a registration on the fifth anniversary of the registration date

Requirements: You must show that you met the minimum filing requirements and that you couldn't submit the filing electronically before the deadline.

Resource: Petition requirements for accepting a paper submission under Rule 2.147, TMEP section 1709

Form: Petition to Director
In step 3 of the form, select “Redact information from public view.”

When to file: File any time during the trademark process.

Purpose: Request that confidential or sensitive information be redacted from the public record due to an existing extraordinary situation.

Resource: Personal information in trademark records, TMEP section 503.06(f)

Form: Petition to Director
In step 3 of the form, select “Waive the requirement to provide my domicile address in an extraordinary situation.”

When to file: File any time during the trademark process.

Purpose: Request that we permit you to use a P.O. Box or c/o address as your domicile address in an extraordinary situation. For example, you have concerns for your physical safety.

Resource: Domicile Address FAQs

Form: Petition to Director
In step 3 of the form, select “Provide proof of an unauthorized filing.”

When to file: File any time during the trademark process.

Purpose: Provide proof that a filing in your trademark record was unauthorized, such as a response form filed by someone who doesn't have legal authority to represent you. Your petition fee will be refunded in cases where this petition is granted.

Resource: Unauthorized changes to your file

Decision examples:

• Disregard express abandonment of application – granted. See petition filed March 21, 2022 and decision issued April 6, 2022.
• Disregard maintenance filing – granted. See petition filed April 4, 2022 and decision granted June 13, 2022.

Form: Petition to Director
In step 3 of the form, select “Request a waiver of fees for a federal government agency.”

When to file: File any time during the trademark process.

Purpose: Request that we waive or refund fees submitted in connection with your trademark. This is only available to federal government agencies, not private citizens. There is no fee required to make this request.

Resource: Trademark Act Section 31