Don’t worry if you receive an Office action, we can handle it for you.
We’ll carefully address and resolve the issues identified by the examining attorney against your trademark application. Sign up now if you’ve recieved an Office action so we can respond to it in a timely manner.
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How it works
1. Schedule a call
2. Consult with a professional
3. Review your office action
Frequently asked questions
What is an Office action?
The Office action is official document that is sent your way when a USPTO examining attorney has found some errors or legal issues after evaluation of your application. It outlines the reasons why the application is being rejected and, if applicable, provides a list of additional requirements that must be met for reconsideration.
What’s the difference between a non-final and a final Office action?
After the USPTO examining attorney reviews your application and identifies legal issue in it for the first time, you will receive a non-final Office action. If you fail to address or resolve all the issues in your response to the non-final Office action, you will receive a final Office action. At that point, you can either comply with the requirements or file an appeal with the Trademark Trial and Appeal Board.
How do I file a response to an office action?
This entirely depends on what type of Office action is issued by the USPTO against your application. Both you or your attorney can respond to the Office action and ensure that the problems are addressed adequately.
While some office actions consist of problems that are easy to resolve, others can be quite complex depending on the legal matter. It’s always better to consult with an attorney before filing an Office action response in order to prevent losing your trademark protection and the non-refundable filing fee.
What happens if I do not respond to an office action?
If you do not respond to an Office action sent by the USPTO, your application will be abandoned after a period of six months.
Level 1
Simple/Moderate Office Action Response
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• Amendment to a disclaimer request
• 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 fees)
• Refusal on the basis of ornamentation
• Refusal on the ground that the subject matter appears to be the title of a single creative work
$299
Level 2
Complex Office Action Response
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• Request for information requiring limited research regarding the client’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
$599
Level 3
“Likelihood of Confusion” Response
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• Each additional cited mark: $99
• Likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.
$799
Level 1
Simple/Moderate Office Action Response
• Amendment to a disclaimer request
• Amendment of acquired distinctiveness based solely on a claim of 5 years of use
• hange/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 fees)
• Refusal on the basis of ornamentation
• Refusal on the ground that the subject matter appears to be the title of a single creative work
$299
Level 2
Complex Office Action Response
• 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
$599
Level 3
“Likelihood of Confusion” Response
• One cited mark: $799
• Each additional cited mark: $99
• Likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.
$799
The legal team was highly knowledgeable and pleasant. Their response actually got my trademark back on track.
Brian Jackson
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