I missed my deadline, what can I do?

Did your deadline pass? Do not panic, there may be a chance your trademark application can be revived. A petition for revival can be filed within 60 days (2 months) from the date of abandonment. If more than 2 months have passed, then your only option is to file a new application. A petition for revival requires additional government fees. Abandonment occurs when the USPTO has not received a response by the deadline specified. If your application was issued an Office Action which you did not respond to by the deadline, then the response must be filed at the same time as the petition for revival. If your application was issued a Notice of Allowance and you failed to file a Statement of Use or an Extension by the deadline, then you must also file the past Extension you missed along with the petition for revival. It is never ideal to have your trademark abandoned, but if it happens and you realize this oversight within 2 months then there is a chance you can get your application back on track.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.