Discussion:
Hello. I live in the state of Ohio and I have a question about a mark. About a year ago I registered a mark, however it has recently come to my attention that the mark is flagged as "Abandoned: Applicant failed to respond to an Office action."
I don't remember getting any such Office action from the USPTO. Could someone give me some guidance as to how to handle this and how to complete the registration process? I would be happy to retain an attorney to complete the process - and I desperately need this fixed!
Your help would be greatly appreciated!
Answer:
And what did the Patent office say when you called them to inquire?
Answer:
I just sent them an e-mail this morning. I was unable to find a telephone number to call them, so I am awaiting and e-mail reply from them. I sincerely hope this mark is not a lost cause.
Is it possible to file a new application for the mark? Any ideas?
Answer:
I don't remember getting any such Office action from the USPTO. While it's possible that things can get lost in the mail, the problem would be in proving that you never got it.
Could someone give me some guidance as to how to handle this and how to complete the registration process? You'll pretty much have to start over. Once an application becomes abandoned, that's it.
I would be happy to retain an attorney to complete the process - and I desperately need this fixed! You could talk with an attorney experienced in prosecuting trademarks, but it is unlikely that an attorney could do anything to revive an abandoned application.
Is it possible to file a new application for the mark? Yes. However, because your first application went abandoned, you will no longer be able to claim the date of your first application as your "priority date" -- rather, the date of your new application will be your priority date.