Abandoned Trademark Application? Here’s What You Need to Know

If you're building a brand, protecting it with a trademark is one of the smartest moves you can make. But what happens if that application process gets interrupted or neglected?

One word: abandonment.

Whether intentional or unintentional, a trademark application can be considered abandoned by the United States Patent and Trademark Office (USPTO) — and that status carries real consequences. Here’s what you need to know:

What Does “Abandoned” Mean?

When an application is marked as abandoned, it means the USPTO believes you’ve stopped pursuing registration. This usually happens when:

• A required response (like to an Office Action) wasn’t submitted by the deadline

• Information requested during the application process was never received

• Fees weren’t paid

• Extensions weren’t filed on time

Abandonment essentially closes your file—and it’s as if your application never happened.

What This Means for Your Brand

If your trademark application is abandoned, you lose your place in line. That means:

• You forfeit the filing date of your original application

• You risk someone else filing for the same or similar mark

• You may lose legal advantages associated with early filing

• You’ll need to start the process (and pay the fees) all over again if you want to pursue protection

For growing brands, this can be a major setback—especially if you’ve already started using the name or logo publicly.

Can You Fix It?

Sometimes, yes. In certain cases, if abandonment was due to an unintentional delay, you may be able to file a petition to revive the application—but there are strict deadlines and added fees. If too much time has passed, or if the abandonment was due to inaction, you’ll likely need to refile your application from scratch.

How to Avoid Trademark Abandonment

The best protection is preparation. Here are a few ways to stay on track:

• Work with a trademark attorney who can monitor deadlines and handle filings

• Respond promptly to requests for information or updates from your legal team

• Set reminders for key dates, especially if you’re handling things on your own

• Don’t ghost your lawyer – if life gets busy, a quick check-in can go a long way

Final Thoughts

Trademark law is about more than checking boxes—it’s about securing your brand’s future. Missing a deadline doesn’t just delay things, it can open the door for copycats and cost you more in the long run.

If your trademark application was recently abandoned (or you’re not sure where things stand), it’s not too late to regroup. We can help you understand your options, and if needed, start the process to refile.

Don’t leave your brand unprotected.

Ready to take the next step? Visit www.toslegal.com/contact or 713-300-9204 to schedule a private strategy session.