Abandoned Trademark Re-Filing
If a prior trademark application was abandoned, we help assess what went wrong and prepare a fresh application, run through the same clearance search and Federal Govt filing process as any new mark.
+ Federal Govt filing fee, from $350 per class, billed separately and paid directly to the government. This is the same fee structure as a new filing, since the Federal Govt treats it as one.
Once an application lapses, it's treated as brand new
An application can go abandoned for a few common reasons: a missed office action deadline, an unfiled statement of use, or a lapse in responding to other Federal Govt correspondence. Whatever the cause, once the window to fix it has closed, the Federal Govt no longer treats the original filing as active, which means a new application has to be prepared from the ground up.
We start by reviewing what happened with the earlier application so the same issue doesn't repeat itself. From there, your re-filing goes through the full process again: a class-matched clearance search, application drafting, attorney review, and direct e-filing with the Federal Govt, just as it would for a mark that had never been filed before.
What's Included
- Review of your prior application and reason for abandonment
- Fresh class-matched clearance search of the federal register
- New application drafting, including specimen and description of use
- Review by an independent, U.S.-licensed attorney
- Direct e-filing of your new application with the Federal Govt
From abandoned filing to a fresh application
Share Your Prior Application
Tell us about the mark and, if you have it, the Federal Govt notice explaining the abandonment.
We Review What Happened
We look at what caused the lapse so the new filing can be prepared with that history in mind.
New Search & Application
We run a current clearance search and draft your new application, reviewed by a licensed attorney.
File & Track Examination
We e-file your new application with the Federal Govt and keep you updated as it moves through review.
Frequently Asked Questions
The most common reasons are missing a response deadline for an office action, failing to file a required statement of use, or not responding to other Federal Govt correspondence within the required window.
In limited cases, a petition to revive can be filed if the delay was unintentional and within a short window after abandonment. Once that window has passed, a fresh application is generally the only path forward.
Yes. The Federal Govt treats a re-filing as a brand-new application, so it goes through the same clearance search, drafting, and examination process as any first-time filing.
Not necessarily, but we review what caused the earlier abandonment so the new application can be prepared with that history in mind.
