What is a Final Office Action?

final office action

A final office action is issued by the United States Patent and Trademark Office (USPTO) if you didn’t successfully or properly respond to all of the issues raised in a previous trademark office action.  If you fail to take action within six months from the date the final office action is sent, your trademark application will go abandoned and you’ll have little choice but to begin the trademark application process all over again.

If you receive a final office action, you basically have three options:

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What is a Trademark Appeal? How Do I File One with the TTAB?

trademark appeal

You have the option of filing a trademark appeal with the Trademark Trial and Appeal Board (TTAB) when the trademark examining attorney issues a final refusal to federally register your mark.  For example, let’s say you file a trademark application and the trademark examining attorney sends you a trademark office action refusing registration of your trademark on the basis that there’s a likelihood of confusion with another mark that’s already registered.  In order to attempt to overcome the rejection, you research, prepare, and submit arguments and evidence to the trademark examining attorney pointing out all of the differences between the two marks and detailing why your trademark application should be approved.  A few weeks later, you receive a final office action from the trademark examining attorney indicating that he did not find your arguments persuasive and that he’s now making his refusal to register your trademark final.

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What is a Trademark Office Action and How Do I Respond to One?

trademark office action

During the US trademark application process, the United States Patent and Trademark Office (USPTO) may send you a trademark office action.  A trademark office action is a communication from a trademark examining attorney indicating why your trademark cannot be approved for registration.  A non-final office action is typically issued after the examining attorney (1) reviews your trademark application, (2) reviews the Statement of Use, and/or (3) reviews an Amendment to Allege Use.  In general, you must respond to the trademark office action within six months of it being sent.  If you don’t file the response by the deadline, your trademark application will go abandoned and you’ll be forced to begin the trademark registration process all over again (unless you’re eligible to file a Petition to Revive).

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