CopyMark Law Group

Copymark

Office Action Response

The office action identifies any problems with the application and gives you an opportunity to address or correct them.
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The most common type of USPTO office action is a “Non-Final Office Action” issued by a USPTO examining attorney. Before we take a closer look at the actual form for responding to a non-final office action, let’s go over a little background. Approximately three months after you submit your trademark application, a USPTO examining attorney will review the application. If the examining attorney determines that the mark cannot be registered or that certain requirements have not been met, the attorney will issue a letter, also known as an Office Action. The office action identifies any problems with the application and gives you an opportunity to address or correct them.

Issues

The Office Action identifies the legal problems with your application and provides you with the legal reasoning supporting any refusals and requirements. It’s also very important that you understand all of the issues, as the response must cover each and every point raised in the office action. And remember: a response is due by the deadline provided in your office action.

Deadline

The Office Action should note the deadline for a response. If you do not submit a timely response, your application will go abandoned, meaning that the application process has ended and your mark will not register. If you submit a response after the deadline, the examining attorney will not consider it and your application will be abandoned, meaning it is no longer being considered for federal registration. And there’s no refund of your application fee.

Need some help?

Have you received an Office Action? Is the deadline approaching to file a response? Are you unsure what these documents are and what to do about them? Enter your trademark serial number below to see how we can help!
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