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So you received an Office Action from the USPTO?

You filed a Trademark Application and roughly three months later, you received an Office Action from the United States Patent & Trademark Office….this means that there are issues with your application.

An Office Action will include the reason or reasons why registration is being refused. In most cases, you must respond to an Office Action within 6 months from the date the Office Action is issued or the USPTO will abandon the application, the application fee will not be refunded, and your mark will not register.

There are two types of Office Actions: non-final and final actions. A non-final Office Action raises an issue for the first time. A final Office Action issues when the applicant’s response to the prior Office Action fails to address or overcome all issues.

Here is what the first page of an Office Action looks like. This Office Action was issued in connection with a trademark that Google filed.

Some Office Actions are very simple to overcome. If states that you should telephone the Examining Attorney to resolve the issue(s), I would do so. Nonetheless, if the Office Action contains complex issues, my advice is to contact an attorney. If you respond improperly to an Office Action, it may result in the loss of your trademark and the application filing fees. For more information on Office Actions, please do not hesitate to contact us.

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