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respond to USPTO
Office actions

Over 75% of trademark applications receive Office Actions from the USPTO. Although it may seem distressing, it doesn't have to be. Our legal team is here to assist you with a response to the notice.

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What is an Office action?

An Office action is an official notice rejecting a trademark registration application issued by the examiner from the U.S. Patent and Trademark Office. The document outlines the reasons why the application is being rejected and, if applicable, offers a list of additional requirements that must be met for reconsideration.

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What’s the difference between a non-final and final Office action?

A non-final Office action is when the USPTO issues a warning for the first time stating error(s) to be fixed in your application. A final Office action is issued if the applicant’s response to the prior Office action failed to address or resolve all of the issues. If you receive a final Office action, you only have two options: to comply with the requirements or file an appeal with the Trademark Trial and Appeal Board.

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Asked Questions

An Office action is a document officially rejecting 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 rejected and, if applicable, offers a list of additional requirements that must be met for reconsideration.

You typically have six months from the mailing date on the Office action letter. If you have not responded by that time, the application will be abandoned and you will need to start from scratch.

USPTO will update the status of your trademark application, and notify the contact person(s) on the trademark application, usually by email.

Yes. The USPTO allows one trademark—that's one name, one logo, or one slogan—per application. You can register a logo that includes text, but then the design and the text together are considered one trademark. Want them protected individually? You'd need to file two applications.

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 and the arguments put forward in the response.


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