When is an applicant considered to have learned of an abandonment?

An applicant is considered to have learned of an abandonment when they receive the notice of abandonment from the trademark office. This notice serves as formal communication informing the applicant that their application is no longer active due to some failure to respond to an office action or other required action within a specified time frame.

Receiving this notice is a critical point for the applicant because it conveys officially that their application has been abandoned, allowing them to take any necessary follow-up steps such as filing for reinstatement or appealing the decision, depending on the circumstances. Moreover, knowledge of abandonment is important in determining any subsequent rights or actions the applicant may wish to pursue regarding their trademark.

Other choices do not accurately mark the point at which an applicant becomes aware of an abandonment. For instance, submitting the application or waiting until a deadline has passed does not inherently inform the applicant of the abandonment status. Additionally, while receiving an email notification can be a form of communication, it is the official notice that carries the legal weight and clarity regarding the abandonment status.