To withdraw from issue a utility or plant application, an applicant may wish to file a petition under 37 CFR 1.313(c)(2) with a RCE or under 37 CFR 1.313(c)(3) The application you are asking about was withdrawn after publication and never was granted.This means there isn't a patent and there is no patent protection. What are the requirements for registering a mark in Texas? How do I submit an application to register a trademark or service mark in Texas? The answer is "YES!" if the trademark has been abandoned for nonuse or never been used in commerce or before a particular relevant date. You can file an application to register your trademark or service mark with an intenttouse (ITU) filing basis. Yes, a person can reapply for a trademark application that has been withdrawn. Trademark cancellation proceedings require specialized knowledge and procedures. Click HERE to learn how to cancel a U.S. trademark registration.