When can a trademark application be reinstated after abandonment?

A trademark application can be reinstated after abandonment only when the reason for abandonment falls under specific criteria set by the USPTO. One of the primary conditions for reinstatement is when there has been an office error that caused the abandonment. This means if the application was inadvertently abandoned due to a mistake made by the USPTO, applicants can request reinstatement without having to prove compliance or meet other stringent requirements.

In contrast, other scenarios such as compliance with submission deadlines, whether due to applicant action or failure to respond to office actions, do not allow for automatic reinstatement. The timeframe and conditions outlined for reinstatement emphasize the importance of errors on the part of the USPTO being a valid reason for rectification. It’s essential for applicants to recognize that most forms of abandonment that occur due to applicant inaction are less likely to allow for reinstatement.