I get a lot of calls from potential clients who have received an Office Action on their trademark application and want to know what it means. An Office Action from the USPTO can mean a lot of different things. It can be something as simple as the USPTO asking for a simple clarification on your application or something as serious as a denial of your trademark application (please note that a denial can always be appealed).
One of the most critical aspects of a USPTO Office Action is ensuring a response is filed with the USPTO within the deadline stated on the Office Action. If you receive an Office Action for something as simple as a clarification of information on your application and do not respond by the deadline your application, your trademark application will be considered to be abandoned and you will lose all priority on your trademark. Therefore, it is extremely important to treat any Office Action seriously and respond in the proper time frame.
Another critical aspect of responding to an Office Action is ensuring that you are properly responding to the USPTO’s requests. Failure to properly respond to the requests can also lead to denial of your application. Therefore, if you have been issued an Office Action it is highly recommended that you contact a trademark attorney so that the response filed is technically correct.
My law firm helps clients respond to all types of Office Actions. Even if your trademark has been initially denied by the USPTO we can e draft a legal argument to attempt to overturn the negative decision. The cost to respond to an Office Action will vary depending on the particular Office Action. I offer a free trademark consultation to clients who are looking to respond to an Office Action. I can be reached directly at (202) 294-2287 for this free consultation.
Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036
(p) 202.294.2287
(f) 202.315.3386
Tags: application for trademark, free trademark consulation, register a trademark, trademark application, trademark attorney, trademark consulation, trademark registration process