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A registration is in effect if it is not in abeyance or cancelled. A registration that has been cancelled by the examiner is in abeyance, and if an exam is pending, it is suspended until the examiner resolves the issue that has caused the suspension or cancellation.

Registration in abeyance is a legal status while the application is under consideration. It is the status that prevails until the examiner renders final action, either approving or disapproving the application. On an application that is refused either in personam or in rem, registration in abeyance continues until an attempted appeal or the entry of an order of cancelation.

If an application is refused in personam, a party to the action may not file a petition to reactivate the application. The registrant or applicant may not file an application during the pendency of a proceeding in which the patent application or trademark registration is the subject matter, or in any proceeding relating to the patent application or the registration. However, upon receipt of a final decision, such that the original filing date is extended, a petition to reopen the matter may be filed. For example, a party may seek to reopen an application that was dismissed in invalidity proceedings if the dismissal was in error and the application is now non-procedural. Provisional applications must be filed with the PTO during the pendency of any proceeding involving the original application.

A registration is cancelled when it is abandoned. An abandoned registration is a registration that has not been used for at least two years. If it has been less than 5 years since a registration was last used, it is considered to be abandoned. It can be officially cancelled at any time by the USPTO without any notice at all.

A registration will be cancelled if it is not used for a period of at least two years. Any registration that is cancelled can, by mutual consent of the applicant and the USPTO, be reactivated by the applicant. d2c66b5586