1714.01(d) Timeliness
Under 37 C.F.R. §2.66(a), a petition to revive an abandoned application must be filed by not later than: (1) two months after the issue date of the notice of abandonment; or (2) two months after the date of actual knowledge of the abandonment and not later than six months after the date the trademark electronic records system indicates that the application is abandoned in full, where the applicant declares under 37 C.F.R §2.20 or 28 U.S.C. §1746 that it did not receive the notice of abandonment. A petition to revive an application as to goods/services/classes deleted (abandoned) for failure to respond to a partial refusal or requirement must be filed by not later than: (1) two months after the issue date of the examiner’s amendment setting forth the changes that will be made in the identification of goods/services; or (2) two months after the date of actual knowledge of the issuance of the examiner’s amendment and not later than six months after the date the trademark electronic records system indicates that the application is abandoned in part by examiner’s amendment, where the applicant declares under 37 C.F.R §2.20 or 28 U.S.C. §1746 that it did not receive the examiner’s amendment, provided the application has not registered.
If a petition is untimely, the USPTO will deny the petition and refund the petition fee.
The applicant may file a petition to revive before the applicant receives the notice of abandonment or the examiner’s amendment abandoning in part.
See TMEP §718.02(a) regarding partial abandonment, TMEP §1705.04 regarding petition timeliness, and TMEP §1705.05 regarding an applicant’s duty to exercise due diligence in monitoring the status of an application.