Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

How to Revive Abandoned Trademarks

Chelsea Lankford • November 15, 2024

How to Revive an Abandoned Trademark Application with the USPTO

When a trademark application is marked “abandoned” by the United States Patent and Trademark Office (USPTO), it might seem like the end of the road for your trademark hopes, but fortunately, this isn’t always the case. Abandonment can happen for various reasons, often simply because a response deadline was inadvertently missed, a form wasn’t completed timely, or the USPTO didn’t receive necessary documents like a Statement of Use. But abandonment doesn’t mean the trademark can’t be revived. In fact, the USPTO has a straightforward process to revive an application, as long as the delay was unintentional. Knowing how to file a Petition to Revive, and being aware of the steps and details involved, can make all the difference in getting your application back on track.

Understanding Unintentional Abandonment in Trademark Applications

To revive a trademark application, you must understand the concept of what an “unintentional” abandonment means. This term simply means that a deadline or requirement was missed accidentally, without any intentional choice to stop the process of pursuing the trademark. The USPTO only allows unintentionally abandoned trademarks to be revived, so knowing what counts is essential to your revival success.

Common Reasons for Unintentional Abandonment

  • Clerical Errors: Simple mistakes in record-keeping or administrative oversight.
  • Mail Delays: Unexpected delays that prevent timely receipt of important USPTO documents.
  • Overlooked Deadlines: Forgetting a deadline due to a busy schedule or a missed reminder.

Grasping the concept of “unintentional abandonment” and determining what occurred must be done before filing any trademark revival request with the USPTO. The USPTO allows for revival only when deadlines or requirements were missed by accident, not when you decided to let the application go. This could happen for any number of reasons, such as a simple clerical error, a delay in receiving important mail from the USPTO, or missing a reminder in the rush of a busy schedule. Recognizing these common causes of unintentional abandonment will help you discern if your case qualifies for revival. The stronger you can make your trademark revival petition, the better your odds of success. However, if you knowingly let the application lapse—by choosing not to respond to an Office Action, for instance—the USPTO usually won’t allow it to be revived. Understanding these distinctions not only helps you navigate the revival process but also highlights the importance of staying on top of deadlines and communications to keep your application on track


Remember, if the trademark application was abandoned deliberately or purposefully, either by the applicant deciding not to respond or proceed—the USPTO generally won’t allow it to be revived.

Supporting Documents for Your Petition to Revive

Sometimes, the USPTO may ask for additional documents to support the petition, depending on the reason for abandonment. For example, if the application was abandoned because a response to an Office Action was missed, the petition should include the missing response along with any required documentation. In rare situations, the USPTO may ask for proof of the unintentional delay, such as emails or other records showing efforts to meet the deadline.


Preparing and organizing documents proving your unintentional abandonment must be carefully done before submission of your trademark revival request.  Preparation is key to ensuring a smooth revival process, and we suggest consulting a trademark attorney to ensure you are following USPTO guidelines.


Tracking Your Trademark Application Status After Petition Submission

After submitting the petition, keep an eye on your application’s status, as the USPTO typically responds within a few weeks. The possible outcomes are:

  • Approval: The application is revived and continues forward.
  • Denial: The application remains abandoned, possibly requiring a new trademark filing and filing fee for your abandonment mark.
  • Request for Information: If additional details are needed, respond promptly.  As stated, this may include emails or other records showing your unintentional abandonment.



Filing a Petition to Revive an Abandoned Trademark Application

Once you’ve determined that the delay in your trademark application was unintentional, the next step is to file a Petition to Revive. The USPTO offers two types of petitions depending on why the application was abandoned:


Selecting the correct petition type is crucial, as it ensures you’re taking the right steps to revive your application. After choosing the appropriate petition, you’ll need to fill out the petition form, which requires some essential details:

  • Application Information: Include your trademark application’s serial number and other identifying information.
  • Statement of Delay or Unintentional Abandonment: You must clearly state that the delay or abandonment was unintentional and, if possible, submit proof of same. Accuracy here is essential, as the USPTO relies on this statement to assess the validity of the petition.


Small details matter here, so accuracy can help you avoid any processing hiccups down the line. One of the most crucial sections is the Statement of Delay or Unintentional Abandonment, where you’ll explain why the deadline was missed. Be straightforward and honest, making it clear that the delay was unintentional—this is a key point for the USPTO to consider when reviewing your petition. Once you’ve filled out everything, take a moment to go over your responses, double-checking for any typos or missing information. This extra review can make all the difference in getting your application back on track with minimal delays.

Final Thoughts:
Steps to Take if Your Trademark Application is Abandoned

While receiving notice of an abandoned trademark application can be disheartening, the process to revive it is usually straightforward as long as the necessary requirements are met. By understanding the basics of the USPTO revival process and preparing your application accurately, you can protect your trademark rights and help ensure that your brand identity remains secure and protected. Your diligence can  turn a temporary setback into a smooth path forward, keeping your trademark journey on the brand highway of success.


For those unsure about the revival process or facing complex issues, consulting with a trademark legal professional can provide reassurance and enhance your chances of successfully reviving your application.


Preventing Future Abandonment of Your Trademark Application

To avoid future abandonment, set up reminders for deadlines (calendar alerts, software, or email reminders) and check regularly for USPTO updates. If managing this process feels challenging, a trademark attorney can help handle tasks and prevent common mistakes.  Trademark attorneys can actively manage your trademark portfolio, ensuring your brand assets are protected and optimized.


Trademark Abandonment & Revival FAQS

  • What does it mean if my trademark application is considered "abandoned"?

    If the USPTO marks a trademark application as "abandoned," it generally means that the applicant did not respond to an Office Action, did not meet a filing deadline, or otherwise failed to fulfill certain procedural requirements. When an application is marked abandoned, it’s no longer active, and the trademark isn’t protected by federal registration. However, applicants often have options to revive or refile the application, depending on the abandonment reason and the time since abandonment. A timely response is crucial to avoid losing rights associated with the application.

  • Can an abandoned trademark application be revived?

    Yes, in many cases, an abandoned trademark application can be revived by filing a Petition to Revive if the abandonment was unintentional. The petition must explain the reason for missing the deadline and include the appropriate filing fee. The USPTO requires you to submit the petition within two months of receiving the Notice of Abandonment. If the petition is accepted, the application can proceed as if it were never abandoned, allowing the applicant to address outstanding issues or Office Actions.

  • What if the abandonment was due to a USPTO error?

    If you believe the abandonment resulted from a USPTO error, you can file a "Request for Reinstatement," specifying the nature of the error and providing evidence to support your claim. Unlike a Petition to Revive, there is no filing fee for a Request for Reinstatement. You must submit the request promptly, typically within two months of discovering the error. If the USPTO agrees, it will restore the application without requiring a petition, allowing it to proceed in its original status.

  • What are my options if my petition to revive is denied?

    If the USPTO denies your petition to revive, you may consider refiling the application as a new filing. This approach can be beneficial if your trademark remains unique and no other party has filed for similar marks in the interim. Keep in mind that refiling may reset the application timeline, meaning you’ll lose the priority date of the original filing. Consulting with a trademark attorney can help you understand the likelihood of success if you choose to refile and ensure no procedural missteps occur.

  • How can I prevent my application from being abandoned in the future?

    Preventing abandonment begins with diligently monitoring all USPTO deadlines and promptly addressing Office Actions. Keeping your contact information updated with the USPTO ensures you’ll receive notifications. It’s also advisable to work with a trademark attorney who can track deadlines and handle filings accurately. By being proactive and responsive to USPTO requirements, you can avoid common pitfalls that lead to abandonment and safeguard your application’s progress.

  • What is the impact of abandonment on my common law rights?

    Even if your federal application is abandoned, you may still hold common law rights to the trademark if you’ve used it in commerce. Common law rights can offer limited protection in the geographic area where the mark is used. However, common law rights are generally weaker than federal registration, especially if others file for similar marks. Reviving or refiling with the USPTO is often advisable to ensure broader protection and priority rights nationwide.

  • Can I revise any part of my application while petitioning to revive?

    Generally, you can only revise your application to address specific issues raised in the Office Action that led to abandonment. For instance, you may correct a specimen issue, amend a description, or clarify the identification of goods and services. However, significant changes like modifying the mark itself or altering the classes are typically not allowed. If you need extensive revisions, a new application may be necessary, as the revival process is designed to continue the application in its original form.


Legal Solutions For You | Wilson Legal Group

Looking for Top Legal Representation in the Dallas, Houston or Austin? Contact Wilson Legal Group!

At Wilson Legal Group, we are dedicated to providing exceptional legal services.


Need help with business litigation, resolving business disputes, or securing trademark and patent protection?

Our experienced attorneys are here to deliver results!


Contact Us or Call 972-248-8080 for a Free Consultation!

A woman wearing black and yellow boxing gloves is standing in a gym.
By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
A man riding a horse with a bull behind him
By John Wilson January 23, 2025
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
A sign that says jct 17 texas on it
By John Wilson January 17, 2025
Understanding Venue Selection and Motions to Dismiss in Texas Civil Litigation
A man and a woman are holding a sign that says `` our first home ''.
By John Wilson January 17, 2025
Wraparound Mortgages in Texas and The Pros and Cons of Seller Financing
A judge is writing on a piece of paper next to a gavel on a wooden table.
By Chelsea Lankford December 6, 2024
Appeals Through JAMS Arbitration: A Structured Approach to Review 
A woman in a black hoodie is making a stop sign with her hand.
By Kayla Holderman December 6, 2024
How One Texas Court is Halting the Corporate Transparency Act
A notebook is open to a page that says do n't compare yourself to others
By John Wilson November 5, 2024
Navigating the Use of Third-Party Trademarks in Competitive Advertising: A Legal Guide
A man in a suit is holding an alarm clock in his hand.
By Kayla Holderman October 8, 2024
How To Prevent Restarting The Clock On The Statute of Limitations For Debt In Texas
A lawyer is handing a key to landlord.
By John Wilson September 23, 2024
Navigating Texas Eviction by Jury Trial: A Landlord’s Essential Guide
Show More
The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

Request A Blog?

Have an idea for a blog?  Click and request a blog and we will let you know when we post it!

Share by: