TMEP 718.06: Notice of Abandonment for Failure to Respond

October 2017 Edition of the TMEP

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718.06    Notice of Abandonment for Failure to Respond

If no response is received by the USPTO within six months of the issuance date of an Office action, the application is sent to the examining attorney to be abandoned or partially abandoned, as appropriate.  The examining attorney must check the record to ensure that there is no response and that the Office action was sent to the correspondence address of record.  See TMEP §717 regarding reissuing an Office action that was sent to the wrong address due to a USPTO error.  The examining attorney must also check to see whether the Office action contained a partial refusal or requirement.  See TMEP §718.02(a) regarding partial abandonment.

An application is considered to be abandoned as of the day after the date on which a response was due, even though the examining attorney performs the Trademark database transaction that reports the abandonment at a later date.  The USPTO sends a computer-generated notice of abandonment to the correspondence address listed in the application.

Applications that are abandoned after ex parte appeals or inter partes proceedings are considered abandoned as of the date of the action by the Board that caused the application to abandon (e.g., affirming the examining attorney’s refusal or sustaining an opposition).  However, the Trademark database transaction reporting the abandonment is not performed until a month after expiration of the period for appeal from the Board’s decision.