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:
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A non-final Office action tells you of an issue for the first time.
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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
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Sign In
Fill out your information online – All information given to us will be kept in full
confidentiality.
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Prepare Office Action
We will review your Office Action and inform you of the requirements and refusals set
forth.
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File Office Action
Automated notes keep you up to date – you will be informed periodically about the
process.
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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.
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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.
Our Plans
Basic Package
$199/year
Simple office Action Response Such as
:
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Agreement to a disclaimer Request.
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Amendment of the recognizing of goods/services in an application
.
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Changes & Addition of an international classes (fees+ additional
class(es) ).
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Claims of other registration or application owned by the
applicant.
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Submission of a substitute specimen.
Standard Package
$399/year
Moderate office Action Response Such as
:
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Amendment to allege use (+ additional fees).
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Refusal on the basis of ornamentation.
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Refusal on the basis that the subject matter seems to be the
title of a single creative work.
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Request for information requiring limited research regarding the
customer’s business.
Plus Package
$599/year
Complex office Action Response Such as
:
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Refusal on the basis descriptiveness, mistakes, generalizes,
geographic, significance, surname, or other substantive
objections (excluding like hood of confusion).
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Assertion of acquired distinctiveness with arguments/evidence.
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Submission of arguments against a disclaimer request.
Gold Package
$799/year
Simple office Action Response Such as
:
-
Agreement to a disclaimer Request.
-
Amendment of the recognizing of goods/services in an application.
-
Changes & Addition of an international classes (fees+ additional
class(es) ).
-
Claims of other registration or application owned by the
applicant.
-
Submission of a substitute specimen.
Responding to Office Actions
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Know your Trademark
Fill out your information online – All information provided to us will be kept in
absolute confidentiality.
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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
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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.
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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.
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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.
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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.
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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:
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Your application may have technical errors, such as grammatical problems that cause
the information to be unclear.
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You may have entered an incomplete sample showing how the trademark will be used.
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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.
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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 :
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Asking you some easy questions about your trademark.
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Asking you some easy questions about your trademark.
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We will send your response that will overcome the USPTO’s terms and refusals.
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Unlike other companies, we ensure our service or your money back.
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More than 10 Year + Experience and Trusted world
FAQs on Trademark Registration
An Office action is a document formally denying a trademark registration
application. Written by an examiner from the U.S. Patent and Trademark Office,
the document outlines the reasons why the application is being refused and, if
applicable, offers a list of new terms that must be met for reconsideration.
You typically have 6 months from the mailing date on the Office action letter.
If you have not replied by that time, the application will be rejected and you
will require to begin from scratch.
TA non-final Office action suggests an issue for the first time. A final Office
action is allotted if the applicant’s response to the prior Office action failed
to address or resolve all of the problems. If you get a final Office action,
your only 2 options are to comply with the terms or file an appeal with the
Trademark Trial and Appeal Board.
Typically we need 7 business days to analyse, transmit and file your response.
You must file your answer within 6-months from the issue date of Office Action.
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