USPTO Office Action


An office action is a letter you will receive from the USPTO if the examining attorney assigned to analyze your trademark finds a legal problem with your trademark application. The image to the left is an example of an office action issued to one of our clients.

When you receive an office action, you must respond if you want to register your trademark. Failure to do so will result in the cancelation of your trademark application. We work with many business owners and entrepreneurs that attempt to submit their trademark application on their own.

If you have received an office action from the USPTO and you would like guidance to respond to the office action letter properly, click the button below to schedule a consultation and receive a flat fee quote

 

 

 

Common Office Action Questions

 

Why Did I Receive An Office Action?

You received an office action because the trademark examiner assigned to review your trademark application found problematic legal issues with your application. An office action can include inquiries into the nature of your business or include a refusal to register your trademark. 

How Will I Know If I Received An Office Action?

If your trademark application has legal issues preventing it from maturing to full registration, the USPTO and the trademark examiner will send you an office action letter using the correspondence method you selected when you submitted your trademark application. In most cases, this will be the email address you provided to the USPTO when you filed your trademark application. 

What Do I Do If I Receive An Office Action?

If you receive an office action from the USPTO, you should read the letter in full. The trademark application process is a legal proceeding, so much of the language that you find within your office action will include legal terminology and make reference to case law that may be new to you. It is wise to speak with an experienced trademark attorney to help you respond to your office action. 

Do I Have To Respond To The Office Action?

If you want to register your trademark, you must respond to your office action. If you do not respond to the office action letter, your trademark application will be terminated by the trademark office and your trademark will not be registered.

How Long Do I Have To Respond To The Office Action?

You have exactly 180 days to respond to your office action. Most applicants who do not respond within the first 30 days following the receipt of an office never respond and have their application subsequently canceled. If you wish for your trademark to register, it is wise to begin the process of responding to the office action sooner rather than later. 

How Much Does It Cost To Respond To An Office Action?

The average cost to have an attorney respond to an office action varies between firms. On average, you can expect to pay anywhere between $200 - $2000 for a straightforward response to an office action, however pricing varies depending upon how many issues are listed in your office action and their complexity. You should consult with an experienced trademark attorney to get a quote. Responding to an office action is a legal proceeding, so when you are comparing attorneys make sure you are not just comparing on price, but on quality and experience.