Drafting and Filing Response to Non Final Office Action Trademark USPTO

Non Final Office Action Trademark is a letter from the trademark examining attorney USPTO with respect to your applied trademark if there is some legal issue with respect to your trademark application.  This proceeding is governed by U.S. federal laws and rules.

Initially the Examiner sends Non Final Office Action which means that the applicant is granted an opportunity to reply and respond all the objections raised by the examining attorney. Under the law a period of six months is granted to file a reply by the applicant.

The Office action may be based on technical rejections or “requirements” involving minor or procedural matters that can be fixed through simple amendments. Such Office Actions require clarification of goods or services or adding a disclaimer or submitting an appropriate specimen or to clarify the entity type.

The Office Action may have substantive rejections or “refusals” such as a refusal based on a likelihood of confusion between your mark and an already registered trademark or the refusal based on descriptiveness or generic term.

The Office Action has to be read very keenly to understand each and e very issue raised therein by the examining attorney after which you need to respond to it. Office Action must be responded  within 6 months from the date the Office action issued or if the application is based on Section 66(a) and has been filed for International Registration through WIPO then six months from the date the Office action was forwarded to the International Bureau or your application will be considered abandoned. Do not wait until the end of the 6 months to respond. The examining attorney will not grant time extension and if the response is not filed timely the application will be abandoned after which you will have to file a revival petition enabling you to file the response.

Your response must address all the issues in the Non Final Office action. Response to a Non Final Office Action is filed only a through direct response to the examining attorney. To file a direct response to the examining attorney TEAS is used.

Intellectual Property Logium assists you to file response to Office Action based on any type of objection.

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