T.M.E.P. § 718.08
Revival or Reinstatement of Abandoned Application - New Search Required

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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718.08 Revival or Reinstatement of Abandoned Application - New Search Required

When an abandoned application is revived or reinstated, the examining attorney must conduct a new search of USPTO records for conflicting marks. If the search shows that a later-filed conflicting application has been approved for publication, the examining attorney should request jurisdiction and suspend the later-filed application pending disposition of the earlier-filed (revived) application. 37 C.F.R. 2.83(c); TMEP §§1208.02(c) and 1504.04(a).

If the new search shows that a later-filed conflicting application has been approved for registration, the examining attorney should withdraw the application from issue (if possible) and suspend it. However, if a later-filed conflicting application is already registered, the USPTO is without authority to cancel the registration. The examining attorney must refuse registration of the earlier-filed (revived) application under 15 U.S.C. 1052(d). In this situation, an applicant has the option of filing a petition to cancel the registration under Section 14 of the Trademark Act, 15 U.S.C. 1064.

See TMEP §§1714 et seq. regarding petitions to revive, TMEP §1712.01 regarding reinstatement of applications abandoned due to Office error, and TMEP §1713 regarding petitions to reverse a holding of abandonment.