Trademark Application Abandonment Concerns

Hi ****, I understand your concern about the potential express abandonment of your trademark application. Here are some general points to consider:
- **Express Abandonment**: This occurs when the applicant explicitly requests the USPTO to abandon the application. Since no federal filing fees were paid, it’s possible the application hasn't been processed yet.
- **Check Status**: You can check the status of your trademark application on the USPTO website using the Trademark Status and Document Retrieval (TSDR) system.
- **Contact Third Party**: Clarify your instructions with the third-party filing company to ensure they understand you do not wish to proceed with express abandonment.
Would you like information on how to check the status on the USPTO website or how to contact the USPTO for further inquiries?

****, you can still check the status of your application on the USPTO website even without a serial number.
- **Use the TSDR System**: Visit the [USPTO TSDR System](https://tsdr.uspto.gov/) and use your application information (such as your name and filing date).
Would you like instructions on how to use the TSDR system without a serial number?

Sure, ****. Here are the instructions to use the TSDR system without a serial number:
*. Visit the [USPTO TSDR System](https://tsdr.uspto.gov/).
*. Select the "Search by" dropdown menu and choose "Owner Name."
*. Enter your name as it appears on the application.
*. Click "Search" to view the status.
Would you like more information on contacting the USPTO directly for further assistance?

****, it seems like you're seeing different search options in the TSDR system. Since you don't have a serial or registration number, focus on using your "Owner Name" and "Filing Date" for the search.
If you need direct assistance from the USPTO:

Would you like to know more about the express abandonment process or how to rectify it if needed?

Sure, ****. Here's some information on the express abandonment process and how to rectify it:
- **Express Abandonment**:
- It is a formal request to the USPTO to abandon a trademark application.
- Typically, it requires a written request from the applicant or their representative.
- **Rectifying Express Abandonment**:
- If the application is unintentionally abandoned, you may file a petition to revive the application.
- This involves providing a statement that the abandonment was unintentional and paying the requisite fees.
Would you like instructions on how to file a petition to revive an abandoned trademark application?

Here are the steps to file a petition to revive an abandoned trademark application:
*. **Visit the USPTO Website**: Go to the [USPTO Petitions Page](https://www.uspto.gov/trademarks/trademark-petitions).
*. **Select Petition Type**: Choose "Petition to Revive" from the options.
*. **Complete Petition Form**: Fill out the required form, providing details about your application and the reason for unintentional abandonment.
*. **Submit Fee**: Pay the appropriate fee for filing the petition.
Would you like more details on the required information for the petition form?

The fee for filing a petition to revive an abandoned trademark application with the USPTO is $* per class of goods or services.
Would you like more information on the required details for completing the petition form?

****, since your application hasn't reached a lawyer and classifications haven't been decided, it might be beneficial to consult with a trademark attorney to ensure proper handling.
Would you like information on finding a trademark attorney in Florida?

Here are the key differences between abandonment and cancellation of a trademark:
- **Abandonment**:
- Occurs when an applicant voluntarily withdraws their trademark application.
- No rights are granted, as the application is not processed further.
- **Cancellation**:
- Involves the removal of a registered trademark from the USPTO register.
- Can occur due to non-use, genericide, or legal challenges.
Would you like more information on how to proceed with your current trademark situation?

Yes, you can refile for the same trademark if it was previously abandoned. Here are some general points to consider:
- **No Rights Granted**: Since an abandoned application grants no rights, you can refile.
- **Ensure No Conflicts**: Check the USPTO database to ensure no new conflicting applications.
- **New Application**: Submit a new application with applicable fees.
Would you like more information on the filing process or how to check for potential conflicts?

Here are the applicable fees for filing a new trademark application with the USPTO:
- **TEAS Plus Application**: $* per class of goods/services.
- **TEAS Standard Application**: $* per class of goods/services.
Would you like more details on the differences between TEAS Plus and TEAS Standard applications?