Once a trademark application is filed, it will be assigned to a trademark examining attorney that works for the United States Patent and Trademark Office. This typically happens six to eight months after the trademark application is filed. *
Once received, the examiner will review and assess whether the trademark application meets all of the requirements for registration. If it does not, an office action will be issued.
What is an Office Action?
An office action is an action, typically a letter issued by the trademark office, outlining a technical issue with a trademark application. Sometimes these issues are minor, and are able to be addressed with ease.
Minor Issues with your Office Action
Examples of technical issues can range from requesting clarity surrounding the trademarks’ goods and services, submitting a disclaimer, or a request for additional evidence.
Major Issues with your Office Action
In contrast, other issues can be much more complex as they deal with the substance of the trademark itself, such as the likelihood of confusion, or merely descriptive refusals.
These office actions are more challenging to overcome, and are best addressed with the support of a trademark attorney for the highest chance of success.
Time Is Your Enemy 🥺
Once received, you typically have six months to fix any minor issues within the application or address more complex legal issues.
* Due to the impacts of COVID-19, there have been significant delays with processing trademark applications.
Get The Support You Deserve
If you have any questions about an Office Action you received or a response that may be needed, get the support you deserve and complete this form.