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Have you Received an Office Action on your Trademark (Non-Final Office Action or Final Office Action)? Free Office Action Responses below.
We will provide a trademark office action response example for a likelihood of confusion based on your particular situation using AI. We can also respond to all other situations to move your mark forward.
We respond to: i) Likelihood of Confusion (2d) with another trademark; ii) Descriptiveness or Genericness (2e) of the Trademark; iii) Specimen Unacceptable; iv) Amended Identification of Goods Required; v) Domicile Requirement; Disclaimer Required; vi) Attorney Requirement, and more.
If you have a 2d likelihood of confusion with another trademark, try our Artificial Intelligence Office Action Response Tool.
Sign in, input your trademark info and the info for the other cited trademarks, and receive your draft response. You can file it or we can represent you and add to the response (see Packages below)
Responding to 2d likelihood of confusion office actions from the USPTO can be a tedious and time-consuming process. Our advanced AI system takes the hassle out of drafting trademark office action responses. Simply provide the details of your trademark application and the similar cited trademarks, and our AI will intelligently analyze the differences in the trademarks according to the DuPont Factors and automatically generate a comprehensive response. Our AI has been trained on years of trademark prosecution data to craft persuasive legal arguments tailored to your specific situation. With contextual understanding of trademark law and practice, the AI response addresses each objection clearly and concisely with supporting evidence. Say goodbye to spending billable hours drafting routine office action responses - let our AI handle it quickly and cost-effectively while you focus on higher value work.
Select the package that corresponds to your response needs, based on the table provided. Do you just need an attorney, or need the response reviewed, added to and beefed up with additional supporting evidence?
If you have any questions, click on the “Ask a Trademark Specialist (non-Attorney)” at lower right (Green Tawk.to icon)
To get started, please complete the required information such as your mark serial number and as well as uploading additional supporting documents that may be required, for example if you need to provide a substitute specimen or there is any special meaning to your trademark. You will receive a confirmation email.
Once we have received your order, we'll reach out to let you know we are starting work on the response. Within a day or two we'll send you a response for you to review and make comments. Once you are satisfied, we submit the response electronically on your behalf and provide you with the filing receipt.
For rush orders (less than 5 days), we charge a $75 surcharge; please reach out in advance of selecting the package. If any additional USPTO fees are required, we will inform you and send you an invoice.
DISCLAIMER: While AI-generated trademark office action responses can provide efficiency and cost savings, it's important to understand their potential shortcomings and risks:
AI systems are ultimately trained on existing data, which may not fully capture nuances or address novel situations. An AI's response may overlook critical details specific to your trademark application or fail to provide a sufficiently tailored legal argument. Additionally, trademark law is complex and evolving - an AI system's knowledge is static as of its training data cutoff. There are risks that its responses become outdated or fail to account for recent legal developments or nuanced examining practices. Ultimately, any AI-generated response should be carefully reviewed by a qualified trademark attorney to verify its accuracy, completeness, and legal validity before filing with the USPTO. Relying solely on an automated system without human oversight could potentially jeopardize your trademark rights. A combined human-AI approach is recommended to harness efficiency while ensuring quality control.
I Need an Extension of Time - What options do I have?
Most office actions give you three months to respond. Once you are past that deadline, you can still file a response in the late period (about 2.5 months after the deadline, 2 months after you receive the Notice of Abandonment) with additional official fees. You can also request an extension of time to respond if you are still within the first response period.
Revive your trademark
Click here if you missed your Office Action deadline but still want to respond to the office action. You can revive the application and provide the response, and keep your mark valid.
Extend the deadline
If you are still within the office action response time, you can extend the 3-month response period if you need time to think or to assemble evidence for a response for a fee. Click here for the “Office Action - Extend the Deadline Task” - cost is $49, plus official fee.
What types of Trademark Rejections are covered in each package?
Basic - What types of objections come under this package?
- Specimen of Use - Mark on Drawing Differs from Mark on Specimen - Specimen Unacceptable - Mark Differs on Drawing and Specimen - Sections 1 and 45 Refusal – Specimen Does Not Show Use - Amended Identification of Goods Required - Proper Classification of Goods - Required Identification and Classification of Goods and Services - Multiple-Class Application - Requirements Amended/Complete - Mark Description Required Amended/Complete Color Claim Required - Domicile Address Required - DOMICILE REQUIREMENT - Disclaimer Required - Disclaimer of Descriptive Wording Required - Disclaimer - REQUIREMENT DISCLAIMER - Attorney Requirement - Notice of Incomplete Response – Response Not Signed by Applicant’s Attorney - Trademark Counsel Suggested - Advisory: Applicant May Wish to Seek Trademark Counsel - U.S. Counsel Required - U.S. Licensed Attorney Required - U.S.-LICENSED ATTORNEY REQUIRED
Standard
- Likelihood of Confusion (2d) with another trademark - 2d Refusal - Section 2(d) Refusal Likelihood of - Confusion Section 2(d) Likelihood of - Confusion Refusal Advisory: Prior - Pending Applications - Advisory regarding Potential Section 2(d) Refusal - Prior-Filed Application - Descriptiveness or Genericness (2e) of the Trademark - 2e Descriptiveness Refusal SECTION - 2(e)(1) REFUSAL - MERELY DESCRIPTIVE - Section 2(e)(4) Refusal – Mark is Primarily Merely a Surname - Section 2(e)(2) Refusal – Primarily Geographically Descriptive - Potentially Deceptive & Information - Requirement Amend Identification to Avoid Deceptiveness
Premium
- Acquired Distinctiveness Advisory: Claim of Acquired Distinctiveness Under Trademark Act Section 2(f) - Acquired Distinctiveness Claim - Controlled Substances Act Refusal - Food, Drug, and Cosmetic Act Refusal
FAQ
