When the government locates something wrong with your trademark application, they will notify you with an office action. Find out more about trademark office actions, such as what causes them, how to respond, and how long it takes to get one resolved.
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by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: March 1, 2023 · 2 min read
Once you have submitted your trademark registration application to the U.S. Patent and Trademark Office (USPTO), it will be sent to an examining attorney for review. If more information is required or there are problems with your application, the examining attorney will send an official letter, known as an office action, to notify you that there is an issue. Your application will not move any further until you respond to the office action.
There are two types of office actions:
There are several reasons that you might receive an office action. They include:
Filing a response
Your response to an office action must address the problem to the satisfaction of the examining attorney; otherwise, you risk having your trademark application refused. Because of this, and because the problems with your application may potentially be difficult to resolve, you may want to seek the advice of a trademark attorney before responding to an office action.
In most cases, the USPTO must receive your response within six months of the mailing date on the office action, unless the letter specifies a different deadline. The deadline is important: It cannot be extended, and, if you miss the deadline, your trademark application will be considered abandoned.
The USPTO prefers to receive responses to office actions electronically through their Trademark Electronic Application System (TEAS), though you can also submit a response via fax or mail. The USPTO website has details on how to submit a response.
Need help responding to a trademark office action? LegalZoom legal plan members can get help from an attorney resolving issues with their trademark application for a low flat fee.
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