Trademark Office Actions
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Received a USPTO Office Action? Don’t panic, craft an effective response
An Office Action is a letter from the U.S. Patent and Trademark Office (USPTO) identifying issues with your application. These may be procedural or substantive (like likelihood of confusion or descriptiveness). Our experienced trademark attorneys will review your Office Action, assess the risks, and prepare a strategic, persuasive legal response to move your application forward.
What Is an Office Action?
It’s a formal USPTO refusal or request for clarification. You typically have three months to respond, or risk abandonment of your application.
Get an Expert Legal Response
We analyze the USPTO’s objections and draft a tailored legal brief with relevant case law, USPTO precedent, and legal arguments in support of your application.
Substantive & Procedural Issues Handled
Whether the issue is a likelihood of confusion, mere descriptiveness, or other bases of refusal, we have over 20 years of experience crafting successful Office Action responses.
Flat Fee Pricing for Peace of Mind
No hourly billing. Our clear, flat-rate pricing includes attorney review, legal drafting, and legal representation before the USPTO.
Don’t Lose Your Application. Let Us Help You Respond.
Book a consultation to review your Office Action or get started with your response.
FAQs
I Received An Office Action From The USPTO, What Now?
Office Actions are a part of the procedural process that occurs during the USPTO trademark review process. Office Actions are not uncommon and can be issued for a variety of reasons. Contact us at (800) 769-7790 to discuss your specific Office Action. Our attorneys can advise you as to the reason for the Office Action and most importantly, assist in preparing legal arguments to properly address the issue in a timely manner. You have three (3) months from the date the Office Action is issued to file a timely response.
What is a Trademark Office Action?
- The USPTO and its team of Examiners issue Trademark Office Actions as a standard part of the trademark application review process.
- A Trademark Office Action may be for a non-substantive issue, such as a request for additional information, disclaimer or clarification in the trademark application, or it may be a substantive Action barring registration for any number of issues, including likelihood of confusion with a registered mark or lack of sufficient distinctiveness.
- The trademark attorneys at Flat Fee Trademark may be able to assist you in overcoming common Office Action refusals at the USPTO so your trademark application can proceed to registration.
What Is Trademark Infringement?
The unauthorized use of a registered trademark by another is known as trademark infringement. Your brand name, logo or slogan may be a target of trademark infringement or you may inadvertently infringe on someone else’s trademark. An infringement claim against you could prove costly if you are found liable for monetary damages such as lost profits. In some cases even attorneys’ fees and punitive damages can also be charged.
What is Likelihood of Confusion?
One of the primary factors the USPTO considers in determining whether to allow a mark for registration is whether there exists a likelihood of confusion between the proposed trademark and a registered or pending trademark for the goods or services covered in the application. The USPTO considers: (1) how similar the marks are, and (2) the commercial relationship between the goods and/or services identified by the marks. The marks do not have to be identical to be confusing.
There could be similarities in appearance, sound, meaning or commercial impression to support a finding of likelihood of confusion.
What Is Trademark Dilution?
Trademark “dilution” refers to the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of (1) competition between the owner of the famous mark and other parties, or (2) likelihood of confusion, mistake, or deception. Unauthorized use of a registered trademark in a manner that damages or devalues the quality, prestige or stature of the brand may result in a suit for trademark dilution.
Are You An Actual Trademark Attorney?
Yes, we are licensed trademark attorneys. Trademark attorneys Keesonga Gore and Serena Minott founded by FlatFeeTrademark.com in 2008. Both attorneys still directly answer client phone calls and handle every trademark search and application submitted through the website every day.
When we say contact us for a complimentary consultation, we mean it. We answer our own phones and you get to speak with a real live trademark attorney.
When we started FlatFee Trademark eight years ago, the concept of hiring a trademark attorney, or any attorney for that matter, through the Internet was fairly novel. That’s no longer the case and we believe it’s the future of legal services. By providing our trademark law services online, we’re able to streamline our services, maintain reasonable overhead expenses and offer you affordable flat fee prices. It’s a win-win for everyone.