T.M.E.P. § 718.04
Failure to File Statement of Use

Executive summary:

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718.04 Failure to File Statement of Use

Under 15 U.S.C. 1051(d)(4), an application under §1(b) of the Act is abandoned if the applicant fails to timely file a statement of use or request for an extension of time to file a statement of use. 37 C.F.R. §§2.65(c) and 2.88(h); TMEP §§1108.01 and 1109.04.

The ITU Unit will abandon the application if the applicant fails to file a statement of use or request for an extension of time to file a statement of use within six months of the mailing date of the notice of allowance, or within a previously granted extension period. The USPTO will send a computer-generated notice of abandonment to the applicant.

If the failure to timely file the statement of use or extension request was unintentional, the applicant may file a petition to revive under 15 U.S.C. 1051(d)(4) and 37 C.F.R. 2.66. See TMEP §§1714 et seq.