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Trademark Application Abandoned? How to Revive It or Start Over
An abandoned trademark application can often be brought back, but only quickly. If the application was abandoned because a deadline was missed, file a petition to revive within two months of the Notice of Abandonment, with the missing response and a statement that the delay was unintentional. The fee is $250.
This guide shows how to confirm the abandonment in TSDR, which filing fits your situation, the deadlines and fees, and what to do when revival is not possible.
Start here
- Confirm it in TSDRStatus, date and the Notice of Abandonment.
- Find my situationMissed deadline, USPTO error, partial and more.
- Check my deadlineThe two-month and six-month limits.
- See the feesPetition and filing fees.
A Wysebridge guide, not legal advice and not a USPTO tool. The buttons open official USPTO pages in a new tab.
Time matters
The two-month petition window is short, and missing it leaves far narrower options. If the application matters to your business, consider talking to a trademark attorney now rather than after the window closes.
How to Revive an Abandoned Trademark Application
Six steps, from confirming the abandonment to getting the application live again.
Step 1 — Confirm the Abandonment in TSDR
Look the application up in TSDR. A DEAD descriptor and an abandoned status confirm it; note the status date and open the Notice of Abandonment in the Documents view.
New to TSDR? Our step-by-step TSDR guide shows where the status, the status date and the Documents view are.
What it means: an example
Abandoned - failure to respond or late response
: No complete response arrived by the office action deadline.Abandoned - no statement of use filed
: After a notice of allowance, neither a statement of use nor an extension request was filed in time.Abandoned - express
: The applicant asked the USPTO to abandon the application.Abandoned - after ex parte appeal
: The refusal was upheld on appeal to the Trademark Trial and Appeal Board.Abandoned after an inter partes decision
: The application was abandoned as a result of a Board proceeding such as an opposition.
Step 2 — Find Out Why It Was Abandoned
The Notice of Abandonment and the prosecution history show the reason, such as no response to an office action or no statement of use after a notice of allowance. The reason decides which filing can bring it back.
Common mistake
Assuming every abandonment is the same. An incomplete response, an express abandonment and a lost opposition each need a different response from a missed deadline, and some cannot be revived at all.
Step 3 — Work Out Your Deadline
A petition to revive is generally due within two months of the issue date of the Notice of Abandonment. If you never received the notice, it is due within two months of learning of the abandonment and no later than six months after the abandonment date shown in TSDR.
Common mistake
Waiting for the notice to arrive. If TSDR already shows the application as abandoned, the clock may be running; the six-month outer limit runs from the TSDR abandonment date.
Step 4 — Choose the Right Filing
A missed deadline is usually fixed with a petition to revive based on unintentional delay. USPTO error, an incomplete response, a partial abandonment or an older abandonment each take a different route.
Use the situation finder below to match the reason to the right filing.
Step 5 — Prepare Everything the Petition Needs
A petition to revive needs the fee, a statement that the delay was unintentional signed by someone with firsthand knowledge, and the missing filing itself: the complete office action response, or the statement of use or extension requests.
Common mistake
Filing the petition without the missing response. The petition does not buy more time; it must include the response, statement of use or extension requests that were due.
Step 6 — File, Then Keep Monitoring
File the petition electronically, keep filing any extension requests that come due while it is pending, and check TSDR until the application is live again.
Petitions are filed electronically. The USPTO's guide to choosing a petition form (opens in a new tab) explains which form fits which situation. If a petition is incomplete, the USPTO may give you a short time to supply what is missing.
Find Your Situation: Which Filing Do You Need?
Wysebridge Revival Options Finder
What happened to your application?
All 10 situations shown.
I missed an office action deadline
- What to file
- Petition to revive based on unintentional delay (37 C.F.R. § 2.66)
- Deadline
- Within two months of the issue date of the Notice of Abandonment. If the notice never arrived: within two months of learning of the abandonment, and no later than six months after the abandonment date in TSDR (with a statement that it was not received).
- Fee
- $250 petition fee
- Include
- A complete response to the office action, or a statement that you did not receive it
- A statement that the delay was unintentional, signed by someone with firsthand knowledge of the facts
- The petition fee
- Watch out
- The response must be complete. A petition that only asks for revival, without the response, will not revive the application.
I missed the deadline after a final refusal
- What to file
- Petition to revive based on unintentional delay
- Deadline
- Within two months of the issue date of the Notice of Abandonment. If the notice never arrived: within two months of learning of the abandonment, and no later than six months after the abandonment date in TSDR (with a statement that it was not received).
- Fee
- $250 petition fee
- Include
- A response to the final action, which is treated as a request for reconsideration
- A notice of appeal to the Trademark Trial and Appeal Board, a permitted petition, or a statement that you are not filing either
- The unintentional-delay statement and the petition fee
- Watch out
- Without a proper response to the final action the petition is treated as incomplete. Final-refusal cases are where professional help pays off most.
I missed the statement of use or extension deadline
- What to file
- Petition to revive based on unintentional delay (after a notice of allowance)
- Deadline
- Within two months of the issue date of the Notice of Abandonment. If the notice never arrived: within two months of learning of the abandonment, and no later than six months after the abandonment date in TSDR (with a statement that it was not received).
- Fee
- $250 petition fee, plus $150 per class for a statement of use or $125 per class for each extension request
- Include
- The statement of use, or every extension request that would have come due, with their fees
- The unintentional-delay statement and the petition fee
- Any further extension requests that come due while the petition is pending
- Watch out
- Revival cannot push the statement-of-use deadline past 36 months from the notice of allowance. You pay for every extension that fell due while the application was abandoned, even if you file the statement of use now.
I responded, but the USPTO says my response was incomplete
- What to file
- Petition to the Director, asking to reverse the holding of abandonment for an incomplete response
- Deadline
- Generally within two months of the issue date of the Notice of Abandonment.
- Fee
- $400 petition fee
- Include
- An explanation of why the response should be accepted
- The missing part of the response
- Watch out
- The unintentional-delay standard does not apply to an incomplete response, so a petition to revive is the wrong form here.
I filed on time, and the USPTO missed it
- What to file
- Request for reinstatement for USPTO error (37 C.F.R. § 2.64), filed through the Petition to Revive or Petition to Director form
- Deadline
- Within two months of the issue date of the Notice of Abandonment. If the notice never arrived: within two months of learning of the abandonment, and no later than six months after the abandonment date in TSDR (with a statement that it was not received).
- Fee
- No fee under the rule. Since July 17, 2026 the separate reinstatement form is retired, so you file a paid petition form and the USPTO refunds the fee where it made the error.
- Include
- Proof that you filed on time, such as the filing receipt showing the date and the document
- A clear explanation of the USPTO error
- Watch out
- Keep every filing receipt. Without proof of a timely filing this route is not available.
Only some of my goods or services were deleted
- What to file
- Petition to the Director form, choosing the option to revive partially abandoned goods or services
- Deadline
- Within two months of the issue date of the examiner's amendment that deleted them.
- Fee
- The petition-to-revive fee only ($250), not the Petition to Director fee
- Include
- The response for the deleted goods or services
- The unintentional-delay statement
- Watch out
- A partial abandonment is easy to miss because the application stays live. Read every examiner's amendment for deleted goods or services.
More than six months have passed
- What to file
- Petition to the Director, in very limited circumstances; otherwise a new application
- Deadline
- The petition-to-revive window has closed.
- Fee
- $400 petition fee
- Include
- Facts showing an extraordinary situation
- Evidence that you checked the application's status diligently, at least every six months
- Watch out
- The USPTO says these petitions are rarely granted. For most applicants the practical route is a new application, with a new filing date.
I (or my attorney) asked the USPTO to abandon it
- What to file
- Generally none: a request for express abandonment cannot be withdrawn
- Deadline
- A narrow petition to the Director is possible only within two months of the abandonment, in an extraordinary situation.
- Fee
- $400 petition fee if that petition applies
- Include
- Facts showing the extraordinary situation
- Watch out
- Not available if the application is involved in an opposition or other proceeding. Express abandonment generally does not by itself affect your rights in the mark.
It was abandoned after an opposition
- What to file
- Not revivable with a petition to revive
- Deadline
- Challenging a Trademark Trial and Appeal Board decision is a separate process with its own deadlines.
- Fee
- Not applicable
- Include
- Talk to a trademark attorney promptly about the Board decision and your options
- Watch out
- The petition-to-revive process only covers a failure to respond to an office action or a notice of allowance.
It was a registration, and it was cancelled or expired
- What to file
- Not revivable; a missed Section 8 or Section 9 deadline cannot be waived
- Deadline
- Only for USPTO error (for example, proof you filed on time): within two months of the cancellation or expiration notice.
- Fee
- Varies by petition
- Include
- Proof of a timely filing, if the USPTO made an error
- Otherwise, a new application for the mark
- Watch out
- Registrants file a petition to the Director, not a petition to revive. The USPTO has no authority to waive the statutory maintenance deadlines.
Educational information only, based on the USPTO rules and guidance listed in the sources. Petitions turn on the specific facts and documents in your file; read the Notice of Abandonment and the USPTO's revival guidance (opens in a new tab), and consider a trademark attorney for anything beyond a simple missed deadline.
Why Trademark Applications Are Abandoned
- No response, or a late response, to an office action. The most common reason. Revivable with a petition to revive.
- An incomplete response. Not a missed deadline in the usual sense, so it goes to the Director instead.
- No statement of use or extension request after a notice of allowance, for intent-to-use applications. Revivable with a petition to revive, within the 36-month limit.
- No answer to a suspension inquiry, for example when a foreign-based application is waiting on a foreign registration.
- Express abandonment, when the applicant asks the USPTO to abandon. Generally final.
- A Trademark Trial and Appeal Board decision, such as a sustained opposition or a dismissed appeal. Not revivable with a petition to revive.
Learn the terms: notice of abandonment, express abandonment.
The Petition to Revive (Unintentional Delay)
A petition to revive under 37 C.F.R. § 2.66 asks the USPTO to restore an application abandoned because the applicant did not respond in time to an office action or a notice of allowance, where the delay was unintentional. It needs:
- The petition fee: $250 electronic.
- A statement that the delay was unintentional, signed by someone with firsthand knowledge of the facts. It does not need to be verified and generally does not need to explain the circumstances.
- The missing filing: a complete response to the office action, or the statement of use or extension requests. If the abandonment followed a final refusal, also a notice of appeal, a permitted petition, or a statement that you are filing neither.
- If you never received the office action or notice, a statement saying so; then the two-months-from-actual-knowledge deadline applies, capped at six months after the TSDR abandonment date.
Learn the term: petition to revive an application.
When the USPTO Made the Error: Reinstatement
If you responded on time and the USPTO abandoned the application anyway, ask for reinstatement under 37 C.F.R. § 2.64, with proof of the timely filing such as your filing receipt. The rule charges no fee, and the deadline is the same two months from the notice (or from actual knowledge, within six months of the TSDR abandonment date).
What changed in 2026: since July 17, 2026, the USPTO no longer has a separate reinstatement form. You file on the Petition to Revive or Petition to Director form, and the USPTO refunds the petition fee where it made the error. See the USPTO notice on eliminating select petition forms (opens in a new tab).
The Petition to the Director
A petition to the Director under 37 C.F.R. § 2.146 covers situations a petition to revive does not: an incomplete response, a request to revive partially abandoned goods or services, an express abandonment in an extraordinary situation, or an application abandoned more than six months ago. The fee is $400 electronic, except for a partial abandonment, where only the petition-to-revive fee is charged.
It is generally due within two months of the action you are petitioning about. The Director may deny a petition if the applicant was not diligent in checking the application's status, which means at least every six months while it is pending. Petitions in older cases are rarely granted.
Missed Statement of Use or Extension Deadline
Intent-to-use applications need a statement of use (or an extension request) within six months of the notice of allowance, and every six months after that if extending. If one was missed, the petition to revive must include the statement of use or every extension request that would have been due, each with its fee.
- You pay for every extension that came due while the application was abandoned, even if you now file the statement of use.
- Revival cannot push the deadline beyond 36 months from the notice of allowance.
- While the petition is pending, keep filing any extension requests that come due.
Learn the terms: statement of use, extension of time to file a statement of use.
Fees to Revive a Trademark Application
| Filing | Fee | Notes |
|---|---|---|
| Petition to revive (unintentional delay) | $250 electronic ($350 on paper) | |
| Petition to the Director | $400 electronic ($500 on paper) | For a partial abandonment, only the petition-to-revive fee is charged |
| Statement of use | $150 per class | Filed with an SOU-based petition to revive |
| Extension of time to file a statement of use | $125 per class, per extension | Including any that fell due while the application was abandoned |
| New application, if you start over | $350 per class base fee | Plus any surcharges; filing fees are not refunded |
When Revival Is Not Possible: Starting Over
If the window has closed or the reason cannot be revived, the route is a new application. It gets its own, new filing date, and the fees for the abandoned application are not refunded.
- Search again before refiling: another applicant may have filed in the meantime. Use the USPTO Trademark Search system.
- Fix whatever caused the problem, especially if an office action raised a refusal you could not overcome.
- New applications are filed in Trademark Center; see our Trademark Center tutorial.
How to Keep an Application From Being Abandoned
- Check the status in TSDR at least every three to four months, as the USPTO recommends, and save a copy each time.
- Keep the correspondence email current and make sure messages from uspto.gov are not filtered as spam.
- Docket every deadline from the issue date printed on the office action or notice, not the date you read it.
- Respond to every issue in an office action; a partial answer can still lead to abandonment.
- For intent-to-use applications, track the six-month statement-of-use cycle from the notice of allowance.
Abandoned Trademark Application FAQs
What does it mean when a trademark application is abandoned?
The application is no longer pending and cannot register as it stands. TSDR shows it as DEAD. It may be possible to revive it if you act quickly; otherwise you would need to file a new application.
How long do I have to revive an abandoned trademark application?
Generally two months from the issue date of the Notice of Abandonment. If you never received the notice, two months from when you learned of the abandonment, and no later than six months after the abandonment date shown in TSDR.
How much does it cost to revive a trademark application?
The petition to revive fee is $250 when filed electronically. You may also owe the fees for the missing filing, such as $150 per class for a statement of use or $125 per class for each extension request.
What does unintentional delay mean?
It means you did not choose to let the deadline pass. The petition needs a statement that the delay was unintentional, signed by someone with firsthand knowledge of the facts; it generally does not need to explain the circumstances.
What if the USPTO made the mistake?
If you can prove you filed on time, you can ask for reinstatement. The rule charges no fee, but since July 17, 2026 the request is made on the Petition to Revive or Petition to Director form, and the USPTO refunds the fee where it made the error.
Can I revive an application after six months?
Not with a petition to revive. A petition to the Director is possible only in very limited circumstances and is rarely granted, so most applicants file a new application.
Can I revive an application I abandoned on purpose?
Generally no. A request for express abandonment cannot be withdrawn, apart from a narrow petition to the Director within two months in an extraordinary situation.
Will a new application keep my original filing date?
No. A new application gets its own, new filing date, so an application someone else filed in the meantime would be ahead of yours. The fees for the abandoned application are not refunded.
Does abandonment mean I lose the right to use my mark?
Not by itself. Abandonment ends the application; any rights you have from using the mark are a separate question. Talk to a trademark attorney before relying on use alone.
My registration was cancelled for a missed Section 8. Can I revive it?
No. Missed maintenance deadlines cannot be waived or revived. The only exception is USPTO error, such as proof you filed on time; otherwise, file a new application.
Official sources
Rules, deadlines and fees were checked against these sources on the "last reviewed" date above. When this guide and a USPTO page disagree, follow the USPTO.
- USPTO: Reviving an abandoned application (opens in a new tab) — two-month and six-month deadlines; what to file
- USPTO: Filing a petition form (opens in a new tab) — which petition to use; partial abandonment; registrations
- USPTO: Abandoned applications (opens in a new tab)
- USPTO: Eliminating select petition forms (July 17, 2026) (opens in a new tab) — reinstatement requests now filed on the paid petition forms, with refunds for USPTO error
- USPTO: Trademark fee information (opens in a new tab)
- USPTO: Summary of 2025 trademark fee changes (opens in a new tab)
- USPTO: Intent-to-use forms (opens in a new tab)
- USPTO: Overview of the final rule on revivals, reinstatements and petitions to the Director (opens in a new tab)
- 37 C.F.R. § 2.66: Revival of abandoned applications (opens in a new tab)
- 37 C.F.R. § 2.64: Reinstatement (opens in a new tab)
- 37 C.F.R. § 2.146: Petitions to the Director (opens in a new tab)
- 37 C.F.R. § 2.68: Express abandonment (opens in a new tab)
- TMEP chapter 1700: Petitions and reinstatement (opens in a new tab)
- TMEP § 1712.01: Reinstatement for USPTO error (opens in a new tab)