What is a Trademark Office Action?

When you apply to register a trademark with the USPTO, your trademark application will be assigned to a trademark examiner called an “examining attorney.” A trademark Office Action is a letter issued by the examining attorney reviewing your trademark application. Not all Office Actions are rejections. Some Office Actions only raise minor issues or questions, while others contain registration refusals that will require extensive arguments to overcome.

A proper response should address all issues in the Office Action to avoid abandonment of the trademark application.

Receiving an Office Action does not necessarily mean that your trademark application has been rejected. You need to review the details of the letter to determine if you are dealing with a substantive (requires legal arguments) or non-substantive (minor issues) Office Action.

A response must be filed by six months from the date of the Office Action. Unlike patent deadlines, this trademark Office Action deadline is not extendable.

If you have received an Office Action, Next Level Legal can help you navigate this process. Contact Us/Schedule a Consultation today.