Abandoned trademarks can make you feel like years of branding and investment are suddenly lost. In reality, abandonment doesn’t always mean the end of your rights. Many trademarks fall into “abandoned” status because of missed deadlines, incomplete filings, or unintentional oversights—but under certain conditions, they can be revived. Florida businesses and entrepreneurs should understand both the risks of abandonment and the legal pathways to restoration, including petitions to revive with the U.S. Patent and Trademark Office (USPTO) and strategies to reestablish protection.
Knowing how to navigate this process can mean the difference between losing your brand identity and regaining the exclusive rights that set your business apart. A Delray Beach trademark lawyer at The Lomnitzer Firm P.A. can help you explore options for reviving your trademark.
Trademark abandonment occurs when the U.S. Patent and Trademark Office (USPTO) formally issues a Notice of Abandonment to the trademark applicant. Abandonment most commonly occurs when the applicant fails to respond to a USPTO action, misses a USPTO filing deadline, or fails to submit a required document to the USPTO, such as a Statement of Use or an extension request. Fortunately, however, trademark abandonment is not irreversible in all cases.
You may be able to revive an abandoned trademark by filing a Petition to Revive Abandoned Application and the appropriate filing fee with the USPTO. In your petition, you must show that your failure to respond to agency action or meet a filing deadline was unintentional by including a Statement of Unintentional Delay, signed by the trademark applicant or their attorney. In this Statement, you must confirm that the abandonment occurred because of an oversight, mistake, or other justifiable reason. Generally, USPTO will accept any reason unless there is evidence that the delay was deliberate.
You must file your petition within two months of receiving the USPTO Notice of Abandonment, or you will be unable to revive your abandoned trademark application. If you never received a USPTO Notice of Abandonment, you have six months to file your Petition to Revive.
Along with your Petition to Revive, you also must remedy the problem that led to the abandonment of your trademark application in the first place. For instance, if you are missing a required document, you must file it with your petition to revive. If you failed to file a response to the USPTO action, then you must file your complete response along with your petition to revive. Once the USPTO receives your petition to revive and associated materials, it will review them and determine whether to allow you to revive your trademark application.
An abandoned trademark occurs when you do not finish the requirement to register your trademark. When you fail to meet a filing deadline, furnish a required form, or respond to an agency action, the USPTO can declare your trademark application abandoned.
On the other hand, a trademark that you have successfully registered with the USPTO does not expire. However, to maintain that trademark, you must consistently use the trademark in commerce and meet all renewal deadlines. Failure to meet either of these conditions will result in the USPTO changing the status of your trademark from “active” to “dead.”
The USPTO may declare a trademark dead when an application never results in a successful trademark registration. In most cases, this situation occurs because the proposed trademark was too close to an existing trademark, or the applicant abandons the process.
A third party can also file to cancel a trademark if they believe it is too similar to their own trademark and/or the current trademark owner has ceased using it, typically for a period of three years.
The USPTO requires new trademark owners to file a renewal application between the fifth and sixth year, and again between the ninth and tenth year. Thereafter, the owner must file a renewal application every ten years.
An abandoned trademark doesn’t have to mean the end of your brand identity. With the right legal strategy—whether through a Petition to Revive, reapplication, or leveraging common law rights—you may be able to restore your protections and move forward with confidence. Acting quickly is critical, as strict deadlines and procedural requirements apply. A Deerfield Beach trademark attorney at The Lomnitzer Firm P.A. is here to guide you through every step of the process, from evaluating your options to filing the necessary petitions. Contact us today at (800) 853-9692 or online to schedule a consultation and take the first step toward regaining the trademark rights your business deserves.
