Trademark Blog

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, if your trademark application was filed directly with the USPTO, then you must respond to the trademark office action within three months of it being sent (or six months if you timely filed a Request for an Extension of Time to File a Response). On the other hand, if you’re seeking an extension of protection of your trademark in the United States through WIPO and the Madrid Protocol, then you must respond to the trademark office action within six months of it being sent.

If you don’t file a 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).

Is LegalZoom Good for Performing My Trademark Search?

Over the years, many people have asked me the question, “Is LegalZoom good for performing a trademark search?” You may already be familiar with LegalZoom, the do-it-yourself trademark service that markets itself as providing “self-help services at your specific direction.” Contrary to what many people believe, LegalZoom is not a law firm and it can’t provide any legal advice or guidance. This is precisely the reason why you should think twice about using LegalZoom to perform your US trademark search.

There’s no question that LegalZoom offers trademark search services at prices that are cheaper than what most trademark attorneys would charge. But, that doesn’t mean LegalZoom is a good value. The following is a true story that vividly illustrates what you’re actually getting when you make the unfortunate decision to purchase trademark search services from LegalZoom.

Which Type of US Trademark Search is Right For Me?

You want to conduct a US trademark search in order to determine the availability of a particular trademark for your exclusive use and registration with the United States Patent and Trademark Office (USPTO). A US trademark search also helps to minimize the chances of being successfully sued for trademark infringement by someone who owns rights in an identical or confusingly similar trademark. In turn, it reduces the risk of losing the goodwill and public recognition associated with your valuable trademarks, not to mention the significant amount of money and time you put into creating and publicizing your trademarks and building your brand awareness.

Do Cheap Trademark Registration Services Provide Good Value?

cheap trademark registration

Please review my flat fee trademark pricing. Then read on to learn more about cheap trademark registration.

I know from working with people just like you that you’re probably concerned about cost. You very likely have a budget in mind that you need to stick to. At the end of the day, you’re looking for the option that provides you with the best possible value for your hard-earned money. But, you should always keep in mind that the cheapest rarely ever equals the best value. This is especially true when it comes to cheap trademark registration services.

What is a Trademark Cancellation? How Do I Cancel a Trademark?

trademark cancellation

A trademark cancellation is a legal challenge to the continued registration of a particular trademark. A trademark cancellation is started off by electronically filing a petition for cancellation with the Trademark Trial and Appeal Board (TTAB) through the ESTTA system and paying the required fee. In most cases, a petition for cancellation of a trademark registration on the Principal Register must be filed within five years of the date that the registration issued. However, there are some limited circumstances under which a registration on the Principal Register may be canceled at any time. Conversely, a trademark registration on the Supplemental Register can be canceled at any time.

There are a few thousand trademark cancellations filed every year, which is really only a tiny fraction of the number of trademark registrations that are granted every year by the United States Patent and Trademark Office (USPTO).