What Should I do if I receive an Office Action?

What Should I do if I receive an Office Action?

You’ve waited months to get a response from the United States Patent and Trademark Office (USPTO).  You filed your application and you have been patiently waiting to hear something, anything, from them! Then you receive an email, and it reads that you have an Office Action on your trademark application. Now what?

An Office Action is a formal notice from the USPTO.  This notice can be a request for additional information/documentation, clarification, or a refusal that must be responded to with legal arguments. You can read the specifics of the Office Action you received by going to tsdr.uspto.gov and typing in the serial number for your application.  From there, you can click on the office action and read the details of what the USPTO has requested or cited.

When you receive an Office Action, you should reach out to a trademark lawyer immediately. Why? Because there are strict deadlines to respond to these, and delays can result in losing your mark, or even costing you more money down the line.   Many people try to respond to these on their own, but due to the specificity required in responses, and the strict deadlines, the majority of these responses are rejected.  As such, it is highly recommended to seek legal advice to strengthen your chances of approval. Many times the USPTO will place this recommendation directly in the Office Action.

If you have received an office action, please reach out today so we can devise a plan to timely respond. You can email us  with your serial number directly at officeactions@moxielawoffice.com to receive a quote to respond to your Office Action or schedule a consultation to speak with a trademark attorney!