If the examiner identifies an issue with the application, an office action is issued setting out the grounds for the objection. The applicant has three months from the date of the office action to respond, extendable to six months for a fee.
If the issue is raised for the first time, the response can include legal arguments, evidence, or amendments to the application (such as narrowing the goods and services list). If the examiner accepts the response, the application continues through the process. If not, the examiner issues a final office action. After a final refusal, the applicant can appeal to the Trademark Trial and Appeal Board (TTAB) or file a Request for Reconsideration.
Some office actions are straightforward procedural issues resolved with a brief response; others are substantive refusals (likelihood of confusion or descriptiveness) that require detailed legal arguments. Working with a trademark attorney on substantive office actions is advisable.
Start with a free assessment of your office action with Trama.
