Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Office actions & rejections guide
Short answer: Often, yes. If your trademark application was abandoned because a deadline was missed unintentionally, you can usually file a petition to revive within two months of the notice of abandonment. If you never received the notice, you have two months from when you learned of it, but no later than six months after the USPTO’s records show the application was abandoned. The petition fee is currently $250.
Why do trademark applications get abandoned?
- Not responding to an office action by the deadline
- Not filing a statement of use or extension request after a notice of allowance
- An incomplete response to an office action
- Missing USPTO emails because the correspondence address was outdated or messages went to spam
What are the deadlines to revive?
| Situation | Deadline to petition |
|---|---|
| You received a notice of abandonment | 2 months from the notice’s issue date |
| You never received a notice | 2 months from when you learned of the abandonment, and no later than 6 months after the abandonment date shown in the USPTO’s records |
| Abandoned more than 6 months ago | Revival generally unavailable; file a new application |
What does a petition to revive require?
- A statement that the delay in responding was unintentional
- The missing filing itself — a complete office action response, statement of use, or extension request
- The petition fee (currently $250 under the 2025 fee schedule), plus any fees for the missing filing
If the abandonment followed a final office action, the petition must also include either a notice of appeal or a statement that you are not appealing. And a claim that you never received an office action or notice can only be used once per application.
Are there limits?
Yes. Revival cannot extend an intent-to-use application past 36 months from the notice of allowance. And if more than six months have passed since the abandonment date, the USPTO generally recommends filing a new application. A new filing loses your original filing date, which matters if someone else has filed a similar mark in the meantime.
Should I revive or refile?
Reviving keeps your original filing date and priority, so if you are within the deadline it is almost always the better choice. Refiling makes sense when the deadline has passed, or when the original application had problems — a weak description of goods or services or the wrong owner — that a fresh filing would fix.
If your application was just abandoned, the clock is short. Contact us and we can tell you within a day whether revival is available.
Frequently asked questions
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 it, but no later than six months after the abandonment date in the USPTO records.
How much does it cost to revive a trademark application?
The USPTO petition to revive fee is currently $250 under the 2025 fee schedule, plus any fees owed for the missing filing, such as a statement of use or extension fee.
What if my trademark was abandoned more than six months ago?
A petition to revive is generally no longer available. The usual path is to file a new application, which receives a new filing date.
Will reviving my application keep my original filing date?
Yes. A successful petition to revive restores the application with its original filing date and priority.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.