Abandonment (Trademark) Law and Legal Definition

A trademark application that is declared abandoned is dead and no longer pending. Abandonment occurs under several circumstances.

  • When the U.S. Patent and Trademark Office (USPTO) does not receive a response to an office action letter from an applicant within 6 months from the date the office action letter was mailed the trademark application can be considered as abandoned.
  • When the USPTO does not receive a Statement of Use, or a request for an extension of time to file a statement of use from an applicant within 6 months from the issuance of a notice of allowance it can be considered as abandoned.

Applications abandoned for failure to respond to an office action or a notice of allowance can be revived or reinstated in certain circumstances.

An application can be expressly abandoned by filing a written statement of abandonment or withdrawal of the application signed by the applicant, or the attorney or other person representing the applicant in the USPTO. This is called express abandonment.