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Office Action

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USPTO Office Actions

Receiving an office action from the USPTO can be intimidating. Getting it wrong can mean losing your trademark along with all the time and money you invested in getting it registered so far. If you received an office action from the USPTO related to your trademark, we provide flat-fee pricing on filing your response. With years of experience in dealing with the USPTO, our attorney knows how to file a response that will improve your trademark’s chances of registration.

This is a no-obligation order. No payment information required. Our Attorney reviewes each request to ensure we do not have a conflict of interest with any other client before accepting any new client. Prices are our good faith estimates base on projects we have completed in the past. We reserve the right to decline any project for any reason. No Attorney-Client relationship is formed until we have a written agreement any client indiciating as such.

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How to Get started

1
Submit an Order Request
Once we receive your order, our office will contact you to perform a conflict check, get more details, and schedule a time for you to speak with our Attorney. This is a no-obligation order.
2
Discuss Scope of Project
Our Attorney will go over the scope of the project and answer any initial questions you may have.
3
Engagement Agreement
We will send you an engagement agreement with the scope, pricing, and any other details you may have discussed with our Attorney.

Frequently Asked Questions

1. What Is a Trademark Office Action? 

When the USPTO’s examining attorney finds a reason that a trademark might be rejected, they send a written statement known as an “Office Action” to the applicant. We handle substantive refusals of trademarks for reasons including likelihood of confusion or general descriptiveness. For more on what counts as a substantive office action, you can skip on down to item three below.

2. Does This Mean That My Trademark Was Rejected?

Not exactly. It’s fairly common for the USPTO to require an office action response when examining a trademark. More often than not, they’re reaching out for information left out of the application. These situations don’t require much of a response, usually just a quick exchange over the phone or by email. However, your trademark might be on thin ice if the USPTO thinks that it might be too similar to one already on file.

3. What’s the Difference Between Substantive and Nonsubstantive Office Actions?

Nonsubstantive office actions aren’t a major threat to your trademark and don’t require as much of a response. In fact, you’ll probably be able to handle it on your own. As mentioned above, in these cases the USPTO usually just need a little extra information before moving forward. A substantive office action is serious business — and that’s where we come in to help. Substantive issues arise when your trademark is too much like one already registered or when the trademark is considered “weak.”

4. When Is a Trademark Considered Weak?

Weak trademarks are unlikely to pass the registration process. This is most often because the design, word, or phrase doesn’t do much more than describe the product or service in question. An example of this would be trying to trademark “Bubbling Fruit Drink” for a line of flavored seltzer water. The strongest trademarks are known as either fanciful or arbitrary because they have little to do with the good or service that they are connected to. For more on selecting a strong trademark name, read our insights here

5. What Is the Deadline to File a Trademark Office Action Response?

There is a six-month deadline for filing responses to Office Actions from the USPTO. This deadline is hard and fast. It’s important to get your response out as timely as possible.

6. What Happens if I Don’t Send a Response by the Deadline? 

Failure to send a response by the Office Action’s deadline will cause your trademark to be abandoned. The USPTO generally does not refund filing fees. If you want to pursue the trademark again, you’ll have to start back on square one. Don’t abandon your trademark — call us for assistance today. 

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