Trademark Office Action Response

If you get an Office action seeing problems with your trademark application, you can often address or resolve the issues by filing a timely response.

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What is Trademark Office Action Response?

When your trademark registration application is submitted to the USPTO, it will be given to an examining attorney for inspection. If more data is needed or there are difficulties with your application, the examining attorney will send an official letter, called an Office action, to tell you that there is a problem. Your application will not proceed any further until you answer to the Office action.

Responses to Office Actions must be received in 6 months of the mailing date printed on the Office Action document. There are no delays to this deadline.

Types of Office Actions

There are two types of Office actions:

  • A non-final Office action tells you of an issue for the first time
  • A final Office action is sent if your response to a previous Office action did not solve the issue that was recognized. The only way to respond to a final Office action is to comply with the provisions included in the letter or to submit an application to the Trademark Trial and Appeal Board

Procedure to Respond to Office Actions

Sign In

Fill out your information online – All information given to us will be kept in full confidentiality.

Prepare Office Action

We will review your Office Action and inform you of the requirements and refusals set forth.

File Office Action

Automated notes keep you up to date – you will be informed periodically about the process.

For Members

If you’re already a member, just sign in and apply for a consultation with an attorney. Select “Trademark Office Action Response” below the Legal Matter dropdown. The attorney will contact you with guidance on how to send the document for review before the consultation. During your meeting, the attorney will tell what the Office action means and consider the next steps. The attorney will give easy payment instructions once the consultation is complete.

For Non-Members

If you’re not yet a part, just sign up for the Business Advisory Plan. The plan allows you to legal help, tax advice, and many other important benefits for a low, monthly fee.

Filing a Response

Your response to an Office action must specify the problem to the satisfaction of the examining attorney. Otherwise, you risk having your trademark application rejected. Because of this, and because the difficulties with your application may be hard to resolve, you may want to ask the advice of a trademark attorney before replying to an Office action.

In most cases, the USPTO must get your response within 6 months of the mailing date on the Office action, except the letter defines a different deadline. The deadline is necessary: It cannot be increased and, if you miss the deadline, your trademark application will be rejected.

The USPTO favors getting answers to Office actions online by their Trademark Electronic Application System (TEAS), though you can also submit a reply by fax or mail. The USPTO website has information on how to submit a response.

Responding to Office Actions

u

Know your Trademark

Fill out your information online – All information provided to us will be kept in absolute confidentiality.

U

Prepare Office Action

A U.S. trademark attorney will prepare an Office Action for your case. Top Global IP Attorneys, credibility, and experience!

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File Office Action

Automated reminders keep you up to date – you will be informed periodically about the process

How To Respond to Your Office Action

Read:

An Office Action is a letter, obtained by email or postal mail, allotted by an Examiner for the USPTO. The letter will let you understand if the examination of the USPTO Trademark Register has allowed any conflicting trademarks, whether any substantive grounds may restrict your registration, or whether there are any procedural provisions to be completed.

Reason:

Estimate what the trademark Examiner has asked. If it is simply procedural information, you may be able to just accept modifications approved by the Examiner. If a substantive argument is needed, you will require to give reasons why the Examiner must allow your trademark registration. To do this, it may serve to remember that a trademark protects goods or services that come from your brand, from being involved with goods or services given by someone else. Using this information as a foundation, you may require to satisfy the Examiner that consumers of your goods or services will not mistake them from those of your competitor. In your case, you may need to approach:

  • Any similarity among your trademark and any other
  • A similarity among your goods or services and the competitor’s goods or services
  • Whether the trademarks mentioned have the same or alike sound, appearance, meaning or commercial impression.
  • Whether customers of your goods or services may be likely to find the competing trademark in the same setting.
  • Whether any permission agreement can exist among you and the owner of the earlier registered trademark.

Respond:

Write your response carefully labelling each of the Examiner’s cited concerns. The best answers to Office Actions will involve arguments backed by evidence that does not restrict the scope of your goods or services any more than would be needed to receive registration. If you find any difficulty in constructing your response, Trademarkcart can help.

Review:

Re-read your Office Action letter to assure you have responded to all problems labelled by the trademark Examiner. There are 2 types of Office Actions: non-final and final. Your only answer to a final office action is to comply with any conditions or to appeal your case to the Trademark Trial and Appeal Board.

Reply:

Responses to Office Actions must be obtained within 6 months of the mailing date printed on the Office Action document. There are no additions to this deadline. Trademark Examiners have no option to increase the period for filing. Remember, if you do not submit a timely response, your application will be rejected.

Reasons for receiving Office Action

There are many reasons that you may get an Office action. They include:

  • Your application may have technical errors, such as grammatical problems that cause the information to be unclear.
  • You may have entered an incomplete sample showing how the trademark will be used.
  • The examining attorney may think that your mark will possibly create confusion with an existing registered mark or with a mark for which an application was filed first than yours.
  • You may be trying to trademark something that cannot be trademarked, such as a general or detailed name for an item.

Why TrademarkCart?

We will serve you overcome your Office Action by :

  • Asking you some easy questions about your trademark.
  • Asking you some easy questions about your trademark.
  • We will send your response that will overcome the USPTO’s terms and refusals.
  • Unlike other companies, we ensure our service or your money back.
  • More than 10 Year + Experience and Trusted world

Frequently Asked Questions

What is a Trademark Office Action Response?
How long does one have to respond to an Office action?
How non-final is different from a final Office action?
What is your turnaround time?
When do I file my response?
Is there a government fee involved for Trademark Office Action Response?
How do I respond?
Is a restriction requirement an Office action on the merits?
What is the cost of getting the service of the Trademark Office Action Response?
How do you overcome the likelihood of confusion?