An Office Action is a rejection by an examining attorney of the USPTO of a trademark application. Upon receipt by the USPTO, the application is assigned a serial number and filing date. The application is then reviewed by an examining attorney for defects in form and substance. The initial examination usually takes 3-6 months. If the trademark application has defects, the examiner issues an Office Action setting forth the basis for rejection.
Office Action – 6 months to file response
The applicant has a period of six months from the date of the issue of the Office Action to file a response. The response must address each basis for rejection set forth in the Office Action. If no response is received withn the six months period, the application will be abandoned (TMRP 2.65(a)). If the applicant files only an incomplete response, the examining attorney will issue a Final Office Action, making all outstanding requirements and refusals final.
You have been issued an Office Action, what to do next?
A trademark may be refused on a variety of grounds. In effect, the registration process of your trademark is brought to a halt, until the Office Action is responded to and you have complied with the examining attorney’s demands. The USPTO recommends hiring a private attorney specilized in trademark matters and so do we. There are many pitfalls before, during and after registration of your trademark and responding to an Office Action, may involve complicated issues that should be addressed by a professional trademark attorney.
Office Action Response – US Federal Trademark
Below please find our fixed flat fees for reponding to Office Actions by the United States Patent and Trademark Office. If your have received an Office Action, please feel free to fill in the form below to receive a quote & evaluation of the objections raised.
Flat Fees – USPTO Office Action Response
|Simple Office Action $150||Moderate Office Action $350||Complex Office Action $550||Likelihood of Confusion $700|
|- Agreement to a disclaimer request|
- Amendment of the identification of goods/services in an application
- Amendment of acquired distinctiveness based solely on a claim of 5 years of use
- Change/addition of an international class (+fees for any additional class(es))
- Claims of other registrations or applications owned by the applicant
- Submission of a substitute specimen
|- Amendment to allege use (additional USPTO Offical ffes apply)|
- Refusal on the basis of ornamentation
- Request for a statement of Name of a living individual
- Requests for information requiring limited research regarding the applicant's business
|- Refusal on the basis of descriptiveness, genericness, mistake, misdescriptiveness, geographic significance, surname, or other substantive objections (excluding likelihood of confusion)|
- Assertion of acquired distinctiveness with arguments/evidence
- Submission of arguments against a disclaimer request
|- One cited trademark $700
every additional cited trademark + $150
Get a Quote
Fill in the form on the right and send us your details and we will get back to you with a fixed flat fee price and our professional opinion of the success rate in submitting a response to the Office Action.
US attorney at law
Please note, that all submissions are made by a US attorney at law in good standing and admitted to practice before the United States Patent and Trademark Office in accordance with 37 C.F.R. §§ 11.1 and 11.14.