USPTO calls it an Office Action, but let’s call it what it really is; It’s a rejection letter. For lack of a better metaphor, they have swiped left on your trademark application and they are just not that into you. So, let’s dive into the details of your letter and answer the all-important question at hand here; You have officially been rejected, so now what?
First and foremost, I would advise you to not let this letter get you down. You are in pretty good company. The fact of the matter is 70% of all trademarks are rejected the first time around by USPTO. That’s a pretty staggering statistic. It also solid evidence to support getting some professional help with the process.
So, let’s breakdown the entire USPTO process and determine where you are at in it. You had what you think is a great idea that needed to be trademarked. No doubt, you invested a decent amount of time and mental energy into the application process with USPTO and sent it in. What you sent it was reviewed by a USPTO employee known as a “Trademark Examiner”.
Why did the Examiner reject my Trademark?
So, since your Trademark Application was rejected, it means the Examiner found issues with your application. Most likely one of the following reasons:
- The Examiner felt the information on the application was insufficient or not filled out correctly.
- The Examiner believed your trademark was too similar or would easily be confused with a trademark that already exists.
- The Examiner may have believed your trademark looked too generic, or in sharp contrast they may have believed it was overly descriptive.
- There is also the possibility the Examiner found that it was in some way offensive.
Now, depending on the type of Office Action Letter you have received there are a few ways to move forward. The good news is we here at L4SB can help you out with the next steps and increase your chances significantly your trademark will be approved the next go around.
Non-Final Office Action Letter
If you received a Non-Final Office Action Letter:
- We will evaluate the Office Action for a flat $49 fee. Upon review the Office Action we will consult with you on how to respond to the Office Action.
- Next, we create an Office Action Response and send it directly to the USPTO on your behalf. We will tap into our vast experience dealing with the USPTO to craft a customized communication that will adhere to USPTO standards and expectations thereby significantly increasing your chances of getting your trademark approved. This will save you hours of time and limit your stress.
Final Office Action Letter
If you received a Final Office Action Letter:
There are only 2 ways to respond to a Final Office Action Letter:
Comply or submit an appeal.
We can help you determine which route would be best and then coach you through the subsequent process.
Look, I have been a trademark attorney for decades now and the process can be tricky for anyone. Experience with USPTO is the key. Structuring a custom application and associated correspondence in a manner that is more likely to yield positive results is what we excel at here at L4SB.
We look forward to working with you on all things Trademark.