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RESPONSE · 3 MO

Office Action Response

A refusal is not the end of the application. We read what the examiner actually objected to and respond inside the deadline.

Starts at

$249 for non-substantive refusals

Reference

RESPONSE · 3 MO

An office action means an examining attorney has raised an objection. It is common, it is often procedural, and it is not a rejection — but it is a deadline. You have three months to respond, extendable once for a fee, and if you let it lapse the application goes abandoned.

Most office actions fall into a handful of categories: the identification of goods needs amending, a disclaimer is required, the specimen is unacceptable, or the examiner has cited a prior mark under Section 2(d). Each needs a different response, and the first three are usually straightforward once you know what is being asked.

What is included

Refusal analysis

We read the action and translate it: what the examiner objected to, which of it is procedural, and how serious the substantive part is.

Goods and services amendments

Redrafting the identification into acceptable wording without narrowing your protection more than necessary.

Disclaimer and descriptiveness

Handling required disclaimers of generic wording, and arguments where a mark has been called merely descriptive.

Specimen replacement

Where the specimen was refused, identifying what an acceptable one looks like for your goods and preparing a substitute.

Section 2(d) assessment

For likelihood-of-confusion refusals we assess the cited mark honestly and tell you whether a response is worth making or whether you should refile differently.

Deadline management

The response date is docketed and we work backwards from it, including the extension request if one is needed.

How it works

  1. 01

    Forward the office action

    Send the notice and your serial number. We pull the full file wrapper from the USPTO.

  2. 02

    We assess it

    You get a written explanation of what the objection is and a straight view on the chances, before you pay for a response.

  3. 03

    We prepare the response

    Amendments, arguments and any substitute specimen, drafted and sent to you to approve.

  4. 04

    We file it

    Submitted before the deadline, with confirmation and the updated case status.

Frequently asked

No. A large share of applications receive one, and many are procedural. What matters is responding properly and on time.

Next step

Find out whether your name can be registered

Send us the mark and what you sell. Defend Your Trademark runs the preliminary search and comes back with a straight answer — including when the answer is that you should pick a different name.