Legal Definitions - abandoned application

An abandoned application refers to a patent or trademark application that has been given up by the applicant. This means that the application is no longer being considered by the U.S. Patent and Trademark Office (USPTO).

There are a few reasons why an application may be considered abandoned:

• The applicant files a notice of abandonment
• The applicant does not pay the required fees
• The applicant does not take the necessary actions during the application process

If an application is abandoned, it can be revived if the applicant files a petition to do so.

Example 1: John filed a patent application for his new invention, but he decided not to pursue it any further. He filed a notice of abandonment with the USPTO, and his application was abandoned.

Example 2: Sarah's trademark application was rejected by the USPTO because it was too similar to an existing trademark. She did not respond to the rejection within the required timeframe, so her application was considered abandoned.

These examples illustrate how an application can be abandoned if the applicant decides not to pursue it or does not take the necessary actions during the application process.