It’s Time to Take Action!

When the USPTO finds an issue in a trademark application, they provide an Office Action. This letter describes why trademark registration must be denied. In order to resolve this issue, applicants may need to file an Office Action.

Trademark Office actions are classified into two types:

Non-final Office Action: The US Trademark Office will issue a non-final Office action if an issue is raised for the first time.

Final Office Action: If the applicant fails to resolve the issues raised in a previous Office Action, the USPTO will issue a final Office Action. You have fewer options for responding to a final Office action.

Failing to respond to a trademark Office Action within six months can put your trademark application at severe risk. If abandonment occurs, you will have no choice but to restart the entire registration process from scratch - something that could take considerably more time and effort.

As we are not lawyers, we cannot provide legal advice. However, we can evaluate and assess your Trademark Office Action to determine its eligibility and then discuss if our services are suitable for you or if you require the assistance of an attorney.

It can be issued for many reasons, including faulty descriptions of goods and services, evidence that the trademark is merely descriptive, similarity to existing marks, or failure to respond properly to earlier office actions. Understanding the cause of an office action can help you take corrective measures and protect your intellectual property rights.