What causes abandonment of a trademark application related to the Statement of Use?

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The abandonment of a trademark application related to the Statement of Use (SOU) primarily occurs when there is a failure to file either the SOU or a request for an extension within the designated six-month period after the Notice of Allowance is issued. The Notice of Allowance indicates that the trademark application has passed initial examination and is allowed, but the applicant must then show that the trademark is in use in commerce, or request an extension if they are not yet using the mark. If the applicant does not take timely action by filing the SOU or an extension, the application will automatically be deemed abandoned.

In contrast, while filing errors in the original application may lead to various issues, they do not directly relate to the abandonment criteria for the SOU. Similarly, lack of commercial usage evidence is a concern that arises after the SOU has been filed, rather than leading to abandonment directly if the SOU is filed in a timely manner. Ignoring office correspondence can certainly complicate the application process, but the specific cause for abandonment in the context of the SOU hinges on the failure to submit necessary filings within the established timeframe.

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