When you apply for a trademark with the United States Patent and Brand Office (USPTO), an examining attorney will review your application and send you a letter called a "Office Action," in which they will detail any legal issues with your selected trademark and the application itself. In order to have your trademark registered, you have to fix all the issues stated in the office action.
An examining attorney may specify the grounds for registration denial or the prerequisites that must be met in an Office Action letter. In most cases, the USPTO will abandon an application, refuse to refund the application money, and refuse to register the mark if the applicant does not reply to an Office Action within six months of the date the Office Action was issued. You should talk to an attorney before deciding how to respond to an office action since doing so might have substantial legal ramifications.
There are several categories of office acts, and each one calls for a unique reaction. Some may be easily fixed, while others need elaborate legal arguments to preserve your federal trademark rights. That's why it's smart to talk to a lawyer before responding to an office action.
The United States Patent and Trademark Office issues Office Actions on more than fifty percent of trademark applications. It's not as bad as it seems, so relax. Don't give up on your application because of this setback. In response to Office Actions, you may either make changes to your application or provide an explanation for why the examining attorney made a mistake in rejecting it. Allow us to assist you and demonstrate the proper procedure.
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Our top attorneys will prepare and file your trademark statement of use on your behalf.
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