Petition to Revive Notice of Deficiency

United States Patent and Trademark Office (USPTO)

PETITION TO REVIVE DEFICIENCY LETTER

Response Required

The USPTO must receive petitioner’s response to this letter within 30 days of the issue date below or the petition will be denied without consideration on the merits, and the application will remain abandoned.  TMEP §1714.01.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this letter.  

Issue date:  May 06, 2020

This letter confirms receipt of your request for reinstatement of the above-identified application received on March 12, 2020.  An abandoned application may be reinstated without a fee if it can be shown that the United States Patent and Trademark Office (USPTO) abandoned the application, in error. 37 C.F.R. §2.64.

With your request you have indicated that you did not receive the Office action e-mailed to you on August 30, 2019 and therefore, a timely response was not submitted. An applicant who authorizes the USPTO to send correspondence by e-mail is solely responsible for receipt of documents sent via e-mail.  There is a clear warning about this on the application form when the box is checked authorizing e-mail.  Therefore, you are not entitled to reinstatement of the application without a fee.  To review the proof required for reinstatement without a fee, please see Trademark Rule 2.64(a)(ii).  37 C.F.R. §2.64(a)(ii).

Accordingly, your request for reinstatement will be treated as an informal petition to revive the subject application.  In order for the USPTO to revive your application, you must meet the requirements for filing a petition to revive pursuant to Trademark Rule 2.66.  37 C.F.R. §2.66. A review of your request indicates that you must satisfy the following requirements before your application can be revived:

A non-refundable petition fee is required.  The petition fee is $100 if submitted electronically through the Trademark Electronic Application System (TEAS) or $200 if submitted on paper.  37 C.F.R. §2.6(a)(15). 

How to respond.  Use the Response to Petition to Revive Deficiency Letter at http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms #11 to file a response to this letter.

/Jolie Washington/

Paralegal Specialist

Office of the Deputy Commissioner

for Trademark Examination Policy

jolie.washington@uspto.gov

571-272-9583