Can I get a trademark even after receiving an office action?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

Yes, you can still get a trademark after receiving an office action. Office actions are official notices from the IP office about the deficiencies of your mark. If you can resolve them, your registration process will resume.

It's worth pointing out that in jurisdictions with stricter examination practice, office actions happen quite often. For example, in the US, about half of all applications receive an office action.

While it's definitely possible to overcome an office action, your chances depend on the issues raised. Sometimes, all you'll have to do is correct simple administrative errors or simply comply with the examiner's suggestions (which they will provide in the office action itself). Other times, overcoming an office action requires submitting a response with strong legal arguments and supporting evidence.

If you received an office action and aren't sure how to understand its contents or what to do, you can seek the help of a trademark attorney. They will discuss your options with you and help you prepare a proper response.

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