WHAT’S AN OFFICE ACTION?
An examining attorney sends an Office action to notify an applicant about issues with his or her application. This type of action will include the reason why registration is being refused or what requirements must be satisfied. In most cases, the applicant 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. An applicant’s response to a final Office action generally is either compliance with the requirements or an appeal to the Trademark Trial and Appeal Board.
Office actions can raise procedural or substantive legal issues. Substantive office actions require a legal argument – usually because the examining attorney has argued that the mark is descriptive, dilutive or most frequently – it meets the “likelihood of confusion” standard with respect to another mark.
WHAT’S THE VERITRADEMARK PROCESS FOR RESPONDING TO AN OFFICE ACTION?
We charge $100 to review the office action and discuss it with you, $350 to respond to procedural issues, and $900 to respond to substantive issues (or a mix or substantive and procedural issues. We gather information and accept payment via a simple web-based form.
ARE YOU READY TO RETAIN VERITRADEMARK TO RESPOND TO A TRADEMARK OFFICE ACTION?
If you are ready to begin using our web-based process, please click below to access a simple form to get started.
Don’t worry if you can’t answer everything on this form – most clients don’t know exactly what they need when they initially engage us. We intend the form as a jumping off point, and we will follow up with a phone interview with one of our expert lawyers to make sure that you are getting what you need in the most cost-effective manner possible.