USPTO Office Action Response
An Office Action is a rejection by an examining attorney of the USPTO of a trademark application. Upon receipt by the USPTO, the application is assigned a serial number and filing date. The application is then reviewed by an examining attorney for defects in form and substance. The initial examination usually takes 3-6 months. If the trademark application has defects, the examiner issues an Office Action setting forth the basis for rejection.
Office Action – 6 months to file response
The applicant has a period of six months from the date of the issue of the Office Action to file a response. The response must address each basis for rejection set forth in the Office Action. If no response is received withn the six months period, the application will be abandoned (TMRP 2.65(a)). If the applicant files only an incomplete response, the examining attorney will issue a Final Office Action, making all outstanding requirements and refusals final.
Office Action – Simple Refusal
– Agreement to a disclaimer request
– Amendment of the identification of goods/services in an application
– Amendment of acquired distinctiveness based solely on a claim of 5 years of use
– Change/addition of an international class (+fees for any additional class(es))
– Claims of other registrations or applications owned by the applicant
– Submission of a substitute specimen
Office Action – Moderate Refusal
– Amendment to allege use (additional USPTO Official fees apply)
– Refusal on the basis of ornamentation
– Request for a statement of Name of a living individual
– Requests for information requiring limited research regarding the applicant’s business
Office Action – Complex Refusals
– Refusal on the basis of descriptiveness, genericness, mistake, misdescriptiveness, geographic significance, surname, or other substantive objections (excluding likelihood of confusion)
– Assertion of acquired distinctiveness with arguments/evidence
– Submission of arguments against a disclaimer reques
Office Action Refusal based on likelihood of confusion
– Refusals based on likelihood of confusion with a prior pending trademark application or trademark registration.
Office Action Response – US Federal Trademark
Below please find our fixed flat fees for reponding to Office Actions by the United States Patent and Trademark Office. If your have received an Office Action, please feel free to fill in the form below to receive a quote & evaluation of the objections raised.
Flat Fees – USPTO Office Action Response
| Simple Office Action $150 | Moderate Office Action $350 | Complex Office Action $550 | Likelihood of Confusion $700 |
|---|---|---|---|
| - Agreement to a disclaimer request - Amendment of the identification of goods/services in an application - Amendment of acquired distinctiveness based solely on a claim of 5 years of use - Change/addition of an international class (+fees for any additional class(es)) - Claims of other registrations or applications owned by the applicant - Submission of a substitute specimen | - Amendment to allege use (additional USPTO Offical ffes apply) - Refusal on the basis of ornamentation - Request for a statement of Name of a living individual - Requests for information requiring limited research regarding the applicant's business | - Refusal on the basis of descriptiveness, genericness, mistake, misdescriptiveness, geographic significance, surname, or other substantive objections (excluding likelihood of confusion) - Assertion of acquired distinctiveness with arguments/evidence - Submission of arguments against a disclaimer request | - One cited trademark $700 every additional cited trademark + $150 |
Get a Quote
Fill in the form on the right and send us your details and we will get back to you with a fixed flat fee price and our professional opinion of the success rate in submitting a response to the Office Action.
US attorney at law
Please note, that all submissions are made by a US attorney at law in good standing and admitted to practice before the United States Patent and Trademark Office in accordance with 37 C.F.R. ยงยง 11.1 and 11.14.