94% Success Rate

Don't Let an Office Action Kill Your Trademark

Received a refusal from the USPTO? Our attorneys craft powerful, professional responses that get your trademark back on track — with a 94% success rate.

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Understanding Your Options

What Is a USPTO Office Action?

Don't Panic — Office Actions Are Common

An Office Action is a formal letter from a USPTO examining attorney that either refuses your trademark application or requires clarification before it can proceed. Approximately 40% of all trademark applications receive at least one Office Action. It is not a final rejection — it is an opportunity to respond and overcome the examiner's objections.

Non-Final Office Action

You have 3 months to respond (extendable to 6 months for a fee). This is your primary opportunity to address the examiner's concerns. Our attorneys analyze the action and craft a strategic response.

Final Office Action

If a non-final response is not fully accepted, the USPTO may issue a final Office Action. You can still file a Request for Reconsideration or appeal to the Trademark Trial and Appeal Board (TTAB).

Common Refusals

Types of Office Actions

Here are the three most common types of USPTO Office Actions and how we overcome them.

Likelihood of Confusion

The most common refusal — the examiner believes your mark is too similar to an existing registered mark. We distinguish your mark through analysis of the marks' appearance, sound, meaning, and commercial context.

Descriptiveness

The examiner says your mark merely describes your goods or services. We argue acquired distinctiveness, submit consumer surveys, or propose amendments to the Supplemental Register as appropriate.

Specimen Issues

Your submitted proof of use (specimen) was rejected as not meeting USPTO requirements. We identify the correct specimen type for your industry and prepare a substitution with a declaration of use.

Why It Matters

Why You Need an Attorney to Respond

  • You have a strict 3-month deadline. Missing the response deadline results in abandonment of your application — and loss of your filing fees. Extensions cost additional fees.
  • Weak responses can make things worse. An inadequate or poorly argued response can trigger a final Office Action, closing off your options and requiring an expensive TTAB appeal.
  • Legal arguments require expertise. Overcoming a likelihood of confusion refusal requires understanding decades of TTAB case law and crafting arguments tailored to your specific mark and industry.
  • Our attorneys have a 94% success rate. We have responded to hundreds of Office Actions across all major refusal categories, and we know what arguments work with USPTO examiners.
Our Process

Our Office Action Response Process

We Review Your Office Action

Within 24 hours of your order, a senior attorney reviews your Office Action, identifies all issues raised by the examiner, and develops a response strategy.

We Draft the Response

We prepare a comprehensive written response addressing every point in the Office Action, with legal arguments, evidence, and declarations as needed. You review and approve before filing.

We File with USPTO

We file the response electronically through TEAS and confirm receipt. We then monitor your application for the examiner's decision and update you immediately.

94%

of our office action responses result in approval or advancement of the trademark application to the next stage.

Pricing

Office Action Response Fee

Office Action Response
$299
per Office Action response
  • Senior attorney review of Office Action
  • Full written response to all issues
  • Legal arguments and precedent citations
  • Specimen preparation if needed
  • Signed declaration (where required)
  • Electronic filing via TEAS
  • Post-filing monitoring & update
Get Help with My Office Action

Note: If a TTAB appeal is required after a Final Office Action, additional fees apply. We will advise you on all costs upfront.

FAQs

Office Action Questions

You have 3 months from the date of the Office Action to respond. You can request an extension of up to 3 additional months (for a total of 6 months) by paying a USPTO extension fee ($125 per month). We recommend responding as quickly as possible — do not wait until the last minute, as crafting a strong response takes time.
If the USPTO issues a Final Office Action after your first response, you can file a Request for Reconsideration (arguing the examiner made an error) and/or appeal to the Trademark Trial and Appeal Board (TTAB). We handle both options. TTAB appeals are more expensive but have a strong track record for well-argued cases.
Technically yes, but it is strongly discouraged. Office Action responses require knowledge of trademark law, USPTO examining procedures, and TTAB precedent. A poorly argued response can convert a non-final action into a final rejection, which is much harder and more expensive to overcome. The $299 attorney response fee is a small price compared to losing your trademark application entirely.
After we file your response, the USPTO examining attorney typically reviews it within 3–6 months. If they accept the response, your application will move to the publication stage. If they issue another Office Action (final or non-final), we will advise you on next steps immediately.
A likelihood of confusion refusal (Section 2(d) refusal) means the examiner believes consumers might confuse your mark with an already-registered mark. It can absolutely be overcome through careful argument addressing the DuPont factors: similarity of the marks, relatedness of the goods/services, channels of trade, sophistication of consumers, and more. Our attorneys have successfully argued hundreds of these responses.
Act Now

Forward Your Office Action to Us

Don't wait. Every day counts when you have a 3-month deadline.