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July 15, 2026

Got a USPTO Office Action? Here's What to Do

An office action is a letter from a USPTO examining attorney raising questions or objections about your trademark application. It's not a denial — it's an opportunity to respond.

You have 3 months from the date of the office action to respond (extendable to 6 months for a fee). Missing this deadline abandons your application.

Common office actions include likelihood of confusion refusals (a similar mark already exists), merely descriptive refusals (the mark describes your goods rather than identifies their source), and specimen rejections (the USPTO doesn't accept your proof of use).

Each type requires a different response strategy. Some can be resolved with a simple clarification; others require a legal argument with supporting evidence. Working with an attorney significantly improves response success rates.

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