Remember to calendar your USPTO office action response deadline or you may end up being dumped by the trademark office
Whether you love or hate the Trump family, one must admit, the Trumps are entertaining and a big part of American pop culture. But, being rich and famous does not excuse from having to respond to your office action.
On June 30, 2017, Ivana Trump, President Trump’s first wife, filed for, you guessed it, IVANA TRUMP in connection with a variety of goods and services related to the entertainment industry. On August 9, 2017, the USPTO issued an office action refusing registration of the mark for failure to submit a living individual consent statement. On March 9,2018, the trademark office abandoned Ivana’s trademark application for failure to respond.
In response to the abandonment, Ivana’s attorneys filed a petition to revive the application based on Ivana Trump not receiving the office action prior to the six-month expiration, and by fully responding to the office action. Needless to say, the USPTO forgave Ivana and revived the application.
The Take Away
Ivana is lucky to have received the abandonment before her revival deadline, otherwise, she would have had to file a new application. Luckily, notices of abandonment are sent via mail and cannot end up in your attorney’s SPAM folder. With that said, even if you have an attorney, it is not a bad idea to check on the progress of your trademark application or to follow up with your attorney every 3 months to request an update on its progress. Otherwise, your mark may by trumped and dumped by the trademark office’s standard procedure for abandoning marks.
Kuscha Hatami is a Senior Attorney in the Intellectual Property Group for the Mountain View office of LegalForce RAPC Worldwide.