Assuming you do not have a pending continuation application based on the same original patent specification and the now abandoned patent application was published, your patent rights to any novel and nonobvious features of your invention are now extinguished. Generally, US utility patent applications are published at approximately 18 months from filing date, unless a nonpublication request was filed with the application. So, presumably your patent application has already published and the public is now fully aware of what your invention is. Thus, your published patent application is now prior art to all subsequent inventors. Furthermore, you would also have lost rights if you do not have a pending application on file within 1 year of any public disclosure, sale or offer for sale of your invention. As for your trademark, that may be the only protection you have and it only protects use of the trademark you are using in association with your product. Without patent protection, you cannot prevent anyone from making, using or selling your invention, as long as they are not also using your trademark and thereby causing a likelihood of confusion in the marketplace. As always, you should consult with an intellectual property attorney to discuss your particular factual scenario and your intellectual property right options.
Answered on Aug 25th, 2015 at 2:38 PM