A trademark office action is a refusal issued by the trademark office. The attorney found issues with your filing that must be addressed before your trademark application can register. It is very common for office actions to be issued. Most can be addressed with basic amendments to the application. Others require well-reasoned and lengthy legal briefs to persuade the trademark examiner that they overlooked important facts in their initial analysis.

If a Markavo attorney filed your application, you will be notified about the issue and provided with options. If you filed the trademark application yourself, the trademark office will email you a notice to the address you used when filing the application.

You have 3 months to respond. However, the sooner you respond, the sooner you will know if your trademark can be registered.

If you do not respond to the office action within 3 months, your trademark application will be automatically abandoned.

It really depends on how busy your assigned trademark examiner is and how complex your case is. Generally, the trademark office will make a determination within two weeks to a month of receiving a response.

No. There are no government filing fees to respond to an office action.

Markavo offers a Guaranteed Office Action Response Service for $149.

Should our response to your Office Action result in a Final Refusal that can not be overcome, we will waive our $399 Attorney Plus fee for your next trademark application and help you refile with a stronger strategy. Note the guarantee is not a “money back guarantee” where we refund the $149 service fee for the Office Action response, but rather an offer to take advantage of a highly discounted legal service where an experienced trademark attorney assists you in filing a new trademark application that will not be so easily rejected. Should you decide to file a discounted Attorney Plus trademark application, you will be responsible for all government filing fees. For the vast majority of clients, taking advantage of the guarantee will not be necessary as we will be able to overcome your Office Action.

There are rare instances in which we will decline to take your case subject to the guarantee. Typically, this involves cases where there are three or more trademarks cited in a likelihood of confusion refusal, where there is an element of common law priority and you require the negotiation of a consent to register agreement with a third party, or the trademark examiner is just unquestionably right in their analysis and we have no arguments supported by case law. In these cases, we will simply refund your payment in full and present other options on how you may proceed.

We win roughly 90% of the Office Action responses we file.

Typically we receive a response from the trademark office within a few weeks to a little over a month. Our attorney response time varies from several days to several weeks. The exact timeline varies with the complexity of issues presented by your office action and our case load at the time you hire us. We will get your Office Action response filed prior to any official due dates provided that you respond to all questions and provide all required information in a timely manner.

We need at least 7 business days in advance of your Office action due date to ensure adequate time to draft and file a response. Reach out to us if you have last-minute needs. Note, it is frequently possible to have your attorney to file a 3 month extension of time to respond to the Office Action for $150 in government filing fees if you have waited until the last minute to address the issue.

For most clients, it typically makes sense to consider another strategy. Sometimes this includes simply re-filing a very similar trademark application but taking steps to avoid the technical defects that lead to the Final Refusal. In other cases, it may be advisable to trademark a somewhat different brand name if there are one or more similar trademarks. Our guaranteed service ensures that you receive in-depth attorney advice before re-filing, greatly reducing your risk of another refusal.

To have Markavo file a basic office action response you start the project by paying the legal fee here: https://www.markavo.com/office-action-guaranteed

If you are unsure about what service is applicable to your Office Action, please request a price quote before paying.

Several moments after payment clears, you will be emailed an intake form where you will give us additional information about your trademark.