If you filed your trademark application yourself but now the USPTO has issued an Office Action refusing to register your mark, let tmalaw help you navigate the minefields to secure registration.
Non-Substantive Office Actions
Non-substantive trademark Office Actions are letters issued by USPTO examining attorneys that do not necessarily refuse registration of the mark. They generally cover formalities that may be resolved quickly and inexpensively. For example, any of the following reasons may lead to a non-substantive Office Action:
- proposed amendment to the identification or classification of goods/services
- request for more information on the mark
- proposed revision to the description of a stylized design mark
- requested disclaimer of a portion of the trademark
Substantive Office Actions
Substantive trademark Office Actions typically include a refusal to register the trademark based on certain grounds. They generally raise issues requiring more time and greater effort in response. For example, any of the following reasons may lead to a substantive Office Action:
- likelihood of confusion refusal
- mere descriptiveness refusal
- disagreement with a disclaimer required by the examining attorney
Response to Office Action
You have the right to a full refund as long as you cancel your purchase within 48 hours of your consultation appointment. If you choose to cancel your purchase less than 48 hours before your consultation appointment, there is a cancellation fee is $275. Once your consultation is complete, our team immediately begins work on responding to your office action. There are no refunds at this point for non-substantive office actions. The maximum refund you could receive at this phase for a substantive office action is $550. This amount is not guaranteed when requested. The refund may be less if we have already started preparing or have completed your office action reply. Once an office action reply is submitted to the USPTO office, there is no refund provided to the client whatsoever. The client agrees to this understanding by submitting payment via our website and submitting their intake form to our firm for representation. There are no exceptions to this refund policy.