That your trademark has gone abandoned is not necessarily a fatal conclusion and the USPTO provides its applicants an opportunity to revive an abandoned trademark under certain circumstances. Like all dealings with the USPTO, form matters and there are specific procedural rules and requirements that must be met when filing a petition to revive.
A trademark opposition proceeding can be commenced by anyone with a legitimate interest in the registration of a pending trademark. A trademark opposition lawyer can help.
Trademark litigation can be immensely costly and resource-consuming so it is critical to first evaluate the scope of the case and attempt to at least make an educated guess as to the chances of success.
Perhaps most importantly, it is critical to recognize the immense time, money and resources involved in prosecuting a trademark opposition case and one should, therefore, be very careful to make an honest assessment of the likelihood of winning before commencing suit.
After five long years, your food startup has done everything your doubters arrogantly predicted it wouldn’t do. It is now a multi-million dollar success story and over 10,000 stores throughout the United States sell your trademarked product, Volcano Bites, a fruit snack containing 100% real orange and pineapple juice with no artificial additives.