An office action is an initial refusal from the USPTO. It is the term the USPTO uses when it has an issue or a question about a trademark application. The examining attorney within the USPTO typically sends an Office Action to notify an applicant about issues with his or her application.
The letter will most often include the reason why registration is being refused or what requirements need to be satisfied. In most cases, an applicant must respond to an Office Action within six months from the date the Office Action is issued or the USPTO will abandon the application, the application fee will not be refunded, and the mark will not register. An office action may have important legal consequences and you should consider consulting with an attorney about the appropriate response.
There are many different types of office actions, each requiring a different kind of response. Some are relatively simple to resolve, while others require complex legal arguments. You should consult with an attorney before filing an office action response or risk losing your federal trademark protections.
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An office action is an initial refusal from the USPTO. This means that the examining attorney assigned to your application found some issues with the filing that needs to be addressed before trademark application can become registered. Most trademark applications receive an Office Action at some point during the process.
Don’t Panic! You have the opportunity to respond to Office Actions by either amending the application, or demonstrating why the examining attorney was wrong to refuse you in the first place.
USPTO will update the status of your trademark application, and notify the contact person(s) on the trademark application, usually by email. If you have an attorney assisting you with your trademark filing, they will notify your attorney, who will bring it to your attention promptly.
If you filed your application on your own, or through self-help filing like legalzoom, you need to be sure to watch the status of your mark yourself, or use our free trademark alert service to get status updates at real-time
Either you or your attorney will need to respond to the office action, in writing, by submitting a Response to Office Action.
There are many different types of office actions, each requiring a different kind of response. Some are relatively simple to resolve, while others require complex legal arguments. You should consult with an attorney before filing an office action response or risk losing your federal trademark protections.
You have six months to respond to an office action from the date it was issued.
If you do not respond to an Office Action, your trademark will become abandoned in six months.
Unfortunately, there is no easy answer to this. Your chances of successfully responding to your office action vary wildly depending on the mark you have chosen, the skill of you or your attorney.
If you have Received an Office Action, talk with one of our attorneys, who will give you a realistic assessment of your chances of prevailing.
