During the U.S. trademark registration process, various petitions and requests can be submitted to address specific needs or issues. Here are some of the most common petitions:
Letter of Protest: A Letter of Protest allows third parties to challenge the registrability of a trademark while the application is still pending. This petition can be used to submit evidence showing that the trademark is generic, merely descriptive, or likely to cause confusion with an existing mark. The submitted evidence and arguments are considered by the USPTO, but the decision made on a Letter of Protest is final and cannot be appealed.
Petition to Make Special: This petition requests expedited examination of a trademark application, reducing the usual 2-3 month wait for case assignment. It is typically used in urgent circumstances, such as when there is active infringement, pending litigation, or a need for U.S. Customs registration to block counterfeit goods. Additionally, if an earlier application was invalidated due to an oversight, a new application with identical goods and services may also qualify for expedited review.
Petition to Revive Abandoned Application: If the applicant misses a deadline to respond to an Office Action, this petition can be filed to revive the abandoned application. It must be submitted within two months of discovering the abandonment, and no later than six months from the date the abandonment is recorded in the TSDR (Trademark Status and Document Retrieval) system.
Petition to the Director: This petition can be filed to address a variety of special circumstances, such as requesting a review of procedural errors or explaining unique factors affecting the application. It provides an opportunity to directly appeal to the Director of the USPTO for further consideration.