An Office Action is an official letter sent by the USPTO in which an examining attorney points out any legal problems with your chosen trademark, as well as with the application itself. You are required to resolve all legal problems in the office action before your trademark is registered.
In an Office Action letter, an examining attorney may include the reason why registration is being refused or what requirements need to be satisfied. Usually, an applicant is required to respond to an Office Action within six months from the date the Office Action issued or the USPTO will abandon the application, the application fee will not be refunded, and the mark will not be registered. An office action may have serious legal consequences hence it is advised you consult with an attorney about the appropriate response.
With the many different types of office actions, each require a different kind of response. Some are relatively simple to resolve, while others require complex legal arguments in order to save you from losing your federal trademark protections. That is why it is important to consult with an attorney before filing an office action response.
Over half of trademark applications receive Office Actions from the USPTO. Even though it may seem troubling, it doesn't have to be. You shouldn’t give up your application because of this obstacle. You are given the opportunity to respond to Office Actions by either amending the application, or explaining why the examining attorney was wrong to refuse you in the first place. Let us help you and show you how it’s done.
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