Filing a petition may be right for you if you want to revive an abandoned application, correct some types of errors, request reconsideration, request a waiver, or address another procedural issue. You can file different types of petitions depending on where you are in the application process and what you're requesting.
If you were instructed to complete a specific petition form, either in an inquiry letter, a USPTO notice, or by our call center staff, see petitions by form number at the bottom of this page.
Applying for your registration
Petition request | Instructions |
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Use the filing date of your previously denied application on your new application | Form: Request to Restore Filing Date When to file: File immediately after receiving your new serial number, or as soon as possible after that. File no later than two months after the issue date of your Notice of Incomplete Trademark Application. Purpose: Restore a filing date if your previously filed application was denied a filing date and you have evidence to show that you met the minimum filing date requirements. You must first file a new application and have a new serial number to use the form. There is no fee for this request. Requirements: Your request must include either:
If you don't have either of these types of proof, submit your request using the Petition to Director form, which requires a fee. |
Expedite your application based on a canceled registration | Form: Request to Make Special When to file: File immediately after receiving your new serial number, or as soon as possible after that. Purpose: Expedite initial examination of your application if your prior registration was inadvertently canceled or expired because you didn't file a post-registration maintenance document by the deadline.
Requirements: Your request must include the registration number for the canceled or expired registration. |
Expedite your application because of special circumstances that could result in you losing your trademark rights | Form: Petition to Make Special When to file: File immediately after receiving your serial number, or as soon as possible after that. Purpose: Request that we expedite initial examination of your application when there are special circumstances and you're at risk of losing substantial trademark rights. Common situations that many applicants experience aren't special circumstances. For example, if you're starting an advertising campaign and want your registration issued quickly, you don't have special circumstances. Requirements: Your petition must include the petition fee, as well as evidence demonstrating the possibility of losing substantial trademark rights. For example:
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Request permission for your drawing to show multiple versions of your trademark | Form: Petition to Director When to file: File after you submit your application and receive your serial number, or promptly after receiving an office action refusing your drawing because it shows more than one view of the trademark. Purpose: Request that we allow you to use a drawing showing the trademark in more than one view. Requirements: Your petition must include:
Decision example:
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Request relief in connection with an international application in which the U.S. is the office of origin using a USPTO Reference Number | Form: Petition to Director for an International Application/Registration When to file: File after a USPTO Reference Number has been assigned to the International Application. Purpose: Request relief in connection with an international application in which the U.S. is the office of origin. For example, you can request:
Requirements: Your petition must include:
Use the Petition to Director form instead if you don't have a USPTO Reference Number. Resources: Madrid Protocol |
Request review of the denial of certification for your international application | Form: Petition to Director to Review Denial of Certification of International Application When to file: File immediately after receiving your denial of certification but no later than two months after the issue date. If your international application isn't certified and received by the International Bureau within two months of the original application filing date, the date of international registration will be affected. Purpose: Request that we review the decision to deny certification of an application for international registration filed through the Madrid Protocol. Requirements: Your petition must include:
Resources: Petitions to Review Denial of Certification of an International Application, Madrid Protocol |
Updating your application after publication
Petition request | Instructions |
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Amend your application information after approval for publication but before a Notice of Allowance has issued | Form: Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment When to file: File after your application has been approved for publication, but before a Notice of Allowance has been issued. Purpose: Request an amendment that doesn’t require examining attorney review. For example, a typographical error in the applicant’s entity type. Resource: Changing application information after publication, TMEP 1505 |
Amend your application information after a Notice of Allowance has issued | Form: Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment When to file: File after a Notice of Allowance has issued, but before you file a Statement of Use. Purpose: Request to amend your application after a Notice of Allowance has issued but before you file your Statement of Use. You may only request the following amendments:
For other amendments, use the Petition to Director form. We only enter amendments that don't require examining attorney review. For example, adding a disclaimer to your application. Resource: Changing application information after publication, TMEP section 1505 |
Request that we restore jurisdiction to the examining attorney to review your amendment | Form: Petition to Director When to file: File before a Notice of Allowance issues. Purpose: Request that we restore jurisdiction to the examining attorney to review an amendment submitted after approval for publication. While minor changes, such as correcting a typo or adding a disclaimer, don't usually require examining attorney review, to request a more substantial change at this stage of the process, jurisdiction must be restored to the examining attorney. |
Delete intent-to-use filing basis | Form: Request to Delete Section 1(b) Basis, Intent-to-Use When to file: File after your application has been approved, published, or a Notice of Allowance has issued. Purpose: Request to delete a Section 1(b) filing basis for your entire application or for an entire class of goods or services in your multi-basis application. You must rely on an alternative, previously claimed filing basis that also supports your goods and services. Resource: Changing application information after publication, TMEP 806.04 |
Change a filing basis to Section 44(e) after publication | Form: Petition to Change the Filing Basis After Publication When to file: File after your application has been approved, published, or a Notice of Allowance has issued. Purpose: Change your filing basis to Section 44(e) (foreign registration) after your trademark has published for opposition. Requirements: To add or substitute a Section 44(e) filing basis, you must include:
Resource: Changing application information after publication, TMEP 806.03(j) |
Maintaining your registration
Petition request | Instructions |
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Request review of refusal for Section 8 or 71 declaration | Form: Petition to Director When to file: File no later than six months after the issue date of the office action maintaining the refusal of your filing. Purpose: Request review of the continued refusal of your specimens of use, ownership information, or excusable nonuse claim submitted in a Section 8 or 71 declaration, or request review of the refusal to accept proof of use submitted in response to a post registration audit. Resources: Specimen requirements, Post Registration Audit Program Decision examples:
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Reinstate a registration that was canceled for not responding to an office action issued for your Section 8 or 71 declaration and accept a late response | Form: Petition to Director When to file: File no later than two months after the issue date of your Notice of Cancellation. If you haven't received a notice, file within two months of the date you learned of the notice, but no later than six months after the cancelation date in TSDR. The Director cannot reinstate a registration that was canceled because you did not file a statutory maintenance filing (e.g., a Section 8 or 71 declaration). Such a petition will be denied and the petition fee will not be refunded. Purpose: Request that we waive your response deadline and reinstate your registration if an extraordinary situation prevented you from responding on time to an office action. The failure to receive a Post Registration Office action notification email is not considered, in and of itself, an extraordinary situation. Requirements: Your petition must include your response to the office action and must explain the extraordinary situation that prevented you from submitting it on time. Resources: TMEP section 1708
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Reinstate goods or services that were canceled for not responding to an office action issued in an expungement or reexamination proceeding | Form: Petition to Director In step 3 of the form, select “Reinstate a cancelled registration after termination of an expungement or reexamination proceeding and accept a late response to an office action.” When to file: File no later than two months after the issue date of your Notice of Cancellation. If you haven't received a notice, file within two months of the date you learned of the notice, but no later than six months after the cancelation date in TSDR. Purpose: Request that we waive your response deadline and reinstate the goods or services that were cancelled if an extraordinary situation prevented you from responding on time to an office action. Requirements: Your petition must include your response to the office action and must explain the extraordinary situation that prevented you from submitting it on time. Resource: TMEP section 1708 |
Request review of a denial to amend your registration submitted under Section 7 | Form: Petition to Director When to file: File no later than six months after the issue date of the office action refusing your amendment. Purpose: Request review of the denial of a Section 7 request to amend or correct a trademark registration. Resource: TMEP section 1609 Decision examples:
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Abandon a Section 15 affidavit of incontestability | Form: Petition to Director When to file: File any time after submitting your Section 15 affidavit of incontestability. Purpose: Request to abandon a Section 15 affidavit or the Section 15 portion of your combined declaration of use or excusable nonuse and affidavit of incontestability (Section 8 and 15, or Section 71 and 15). Decision examples:
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Amend the identification of your goods or services due to technology evolution | Form: Petition to Director When to file: File after your trademark has registered. Purpose: Request that we amend your registered good or service to a good or service that is fundamentally the same but has evolved due to changes in technology. Resource: Amending your registration's good or services when technology evolves Decision examples:
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Reviving an abandoned application
Options and requirements for reviving your application are discussed in detail on the reviving an abandoned application page.
Petition request | Instructions |
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Revive an application that was abandoned because you missed the deadline for responding to an office action or suspension inquiry | Form: Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR. Purpose: Revive an abandoned application because you:
Resource: Reviving an abandoned application |
Revive goods or services in a partially abandoned application | Form: Petition to Director When to file: File no later than two months after the issue date of the examiner’s amendment deleting the goods or services. Purpose: Request revival of goods or services that were partially abandoned because you unintentionally failed to respond to a refusal. Resource: Reviving an abandoned application |
Revive an application that was abandoned because you missed the deadline for filing a Statement of Use or extension request | When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR. Purpose: Revive an abandoned application because you:
Resource: Reviving an abandoned application |
Revive an application and request to delete intent-to-use filing basis | When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR. Purpose: Revive an abandoned application because you:
And
Resource: Reviving an abandoned application |
Reverse a holding of abandonment because your response to an office action was incomplete | Form: Petition to Director When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR. Purpose: Request to reverse an abandonment for incomplete response to an office action. You must provide:
Do not include additional arguments or specimens of use, or your petition will be denied and your petition fee will not be refunded. Resource: Reviving an abandoned application, TMEP section 1713 |
Reinstate your application that was abandoned due to USPTO error | Form: Request for Reinstatement When to file: File no later than two months after the issue date of your abandonment notice. If you haven't received a notice, file within two months of the date you learned of abandonment, but no later than six months after the abandonment date in TSDR. Purpose: Reinstate your abandoned application without a fee, in limited situations. You must show that your application was abandoned due to a USPTO error. Not receiving an office action or Notice of Allowance that was emailed to you is not a basis for reinstatement. Resource: Reviving an abandoned application |
Respond to a deficiency letter issued for your petition to revive | Form: Response to Petition to Revive Deficiency Letter When to file: File within the time noted in the deficiency letter (usually 30 days). Purpose: Respond to a Petition to Revive Deficiency Letter that issued because your petition to revive was incomplete. Resource: Reviving an abandoned application |
Request review of a denial of your petition to revive | Form: Petition to Director When to file: File no later than two months after the issue date of your petition decision. Purpose: Request review of the denial of your petition to revive. For example, if you didn't receive a petition to revive deficiency letter and your petition to revive was denied because you didn’t respond, you can request that your petition to revive be reconsidered. Resource: Reviving an abandoned application |
Dispute someone else's trademark
Petition request | Instructions |
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Protest a pending trademark | Form: Letter of Protest When to file: File before the pending application is published or up to 30 days after publication. Purpose: Provide evidence about the registrability of a trademark in a pending application that was filed by another trademark owner. Resource: Letter of protest practice tips |
Oppose a trademark at the TTAB | Form: Notice of Opposition When to file: File no later than 30 days after the publication date or within an extension period granted by the Trademark Trial and Appeal Board (TTAB). Purpose: Provide evidence showing that you'll be damaged if someone else's trademark is registered on the Principal Register. For example, evidence of infringement on your trademark or of unlawful trademark use. Resources: Initiating a new proceeding |
Cancel a registration at the TTAB | Form: Petition to Cancel When to file: File any time after registration in most situations.
See Trademark Act Section 14 for a description of these grounds. Purpose: Provide evidence showing that you've been damaged by a federally registered trademark. Resources: Initiating a new proceeding |
Request cancellation of another trademark owner's goods or services if they were registered, but never in use (expungement) | Form: Petition for Expungement or Reexamination When to file: File at least three years after registration date. We accept petitions to expunge if the registration is at least three, but no more than 10 years old. Purpose: Request we institute a proceeding to cancel or partially cancel a registration if you have evidence showing that the trademark was never in use with one or more of the registered goods or services. If we institute a proceeding, the registrant will have an opportunity to respond and provide evidence of trademark use. Requirements: Your petition must include:
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Request cancellation of another trademark owner's goods or services if they were registered, but not in use by the date claimed by the registrant (reexamination) | Form: Petition for Expungement or Reexamination When to file: File no later than five years after the registration date. Purpose: Request we institute a proceeding to cancel or partially cancel a registration if you have evidence showing that the trademark was not in use by the date claimed by the registrant, which is either:
If we institute a proceeding, the registrant will have an opportunity to respond and provide evidence of trademark use. Requirements: Your petition must include:
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Requesting review of a TTAB decision
Use these petitions to request review of a Trademark Trial and Appeal Board (TTAB) decision.
Petition request | Instructions |
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Request review of a TTAB interlocutory order | Form: Petition to Director When to file: File no later than 30 days after the issue date of the order. Purpose: Request to reverse a non-final interlocutory order by the TTAB. You must show clear error or abuse of discretion. |
Submit a reply brief for a TTAB interlocutory order under review | Form: Petition to Director When to file: File no later than 15 days after the filing date of the petition to review the TTAB interlocutory order. Purpose: Submit a reply brief in response to a petition to the Director filed in a TTAB proceeding. There is no petition fee required to file a reply brief. |
Request review of decision on request for extension of time to oppose | Form: Petition to Director When to file: File no later than 15 days after the issue date of the decision to grant or deny the request. Purpose: Request review of a TTAB decision on a request for an extension of time to oppose. |
Other petitions
Petition request | Instructions |
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Respond to a Petition Inquiry Letter | Form: Response to Petition Inquiry Letter When to file: File within the time noted in the inquiry letter (usually 30 days). Purpose: Respond to an inquiry letter you received because your Petition to Director was incomplete. |
File on paper | Form: Petition to Director When to file: File on the submission due date. Purpose: Request that we accept a paper submission if you can't file electronically on the due date. This petition should include your paper submission and all necessary fees. Resource: Petition requirements for accepting a paper submission under Rule 2.147, TMEP section 1709 |
Request that we accept a paper submission you already filed | Form: Petition to Director When to file: File no later than two months after the denial notice. Purpose: Request that we accept a paper submission you already filed. This petition is only for:
Requirements: You must show that you met the minimum filing requirements and that you couldn't submit the filing electronically before the deadline. Resource: Petition requirements for accepting a paper submission under Rule 2.147, TMEP section 1709 |
Redact information from public record | Form: Petition to Director When to file: File any time during the trademark process. Purpose: Request that confidential or sensitive information be redacted from the public record due to an existing extraordinary situation. Resource: Personal information in trademark records, TMEP section 503.06(f) |
Request a waiver of the domicile address requirement | Form: Petition to Director When to file: File any time during the trademark process. Purpose: Request that we permit you to use a P.O. Box or c/o address as your domicile address in an extraordinary situation. For example, you have concerns for your physical safety. Resource: Domicile Address FAQs |
Withdraw an unauthorized filing | Form: Petition to Director When to file: File any time during the trademark process. Purpose: Provide proof that a filing in your trademark record was unauthorized, such as a response form filed by someone who doesn't have legal authority to represent you. Your petition fee will be refunded in cases where this petition is granted. Resource: Unauthorized changes to your file Decision examples:
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Request a waiver of fees for a federal government agency | Form: Petition to Director When to file: File any time during the trademark process. Purpose: Request that we waive or refund fees submitted in connection with your trademark. This is only available to federal government agencies, not private citizens. There is no fee required to make this request. Resource: Trademark Act Section 31 |
Petitions forms by number
See the applicable section above for instructions on each of these petitions, including deadlines, petition requirements, and resources.
- Petition to Revive Abandoned application – Failure to Respond Timely to Office Action form
See "Reviving an abandoned application" for more information. - Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request form
See "Reviving an abandoned application" for more information. - Petition to Director form
See the section above that covers your current stage in the application process. - Petition to Make Special form
See "Applying for your registration" for more information. - Request to Restore Filing Date form
See "Applying for your registration" for more information. - Request to Make Special form
See "Applying for your registration" for more information. - Request for Reinstatement form
See "Reviving an abandoned application" for more information. - Due Diligence Petition (no longer in use)
- Petition to Change the Filing Basis After Publication form
See "Updating your application after publication" for more information. - Letter of Protest form
See "Dispute some else's trademark" for more information. - Response to Petition to Revive Deficiency Letter form
See "Reviving an abandoned application" for more information. - Response to Petition Inquiry Letter form
See "Other petitions" for more information. - Petition to Revive with Request to Delete Section 1(b) Basis or to Delete Intent-to-Use Goods/Services After Notice of Allowance form
See "Reviving an abandoned application" for more information. - Petition to Director to Review Denial of Certification of International Application form
See "Applying for your registration" for more information. - Petition to Director for an International Application/Registration form
See "Applying for your registration" for more information.
If your contact information or attorney information has changed since your last filing, include the updated information in your form. Remember, your personal information becomes public in Trademark systems. To see the current information in your record or to view the status of your application or registration, see the Trademark Status and Document Retrieval (TSDR) system.
Next steps
After you file a petition, we review it to determine whether to grant your request. See our current trademark processing wait times to understand when your petition will be reviewed. If you have questions about your petition, contact the Trademark Assistance Center.
For more detailed information about petition requirements and the petitions process, see TMEP chapter 1700.
A monthly list of petition decisions issued by the Director is available.
Delegation of authority
Pursuant to 35 U.S.C. section 3, the Director delegated to the Commissioner for Trademarks the authority to decide any trademark petition filed under 37 CFR sections 2.66, 2.146, and 2.147, and to exercise, in connection with trademark matters, the discretion reserved in 37 CRF section 2.148. The Commissioner for Trademarks may further delegate this authority to the Deputy Commissioner for Trademark Operations and the Deputy Commissioner for Trademark Examination Policy. This authority can be further delegated by the above Deputy Commissioners as they deem necessary.