Once your trademark has been filed with the United States Patent and Trademark Office, a trademark examining attorney at the Trademark Office will be assigned to your application. This assignment typically takes about three months from the filing of your application. The assigned trademark examining attorney will examine your application and your trademark to make an initial determination on whether it may be registered based on trademark law. The examining attorney will also compare your trademark against others to determine if any "likelihood of confusion" may exist between your trademark and another.

 

Sometimes, an examining attorney will refuse to register a trademark and issue an office action rejecting registration. Often, these office action rejections may be overcome by filing a response to the office action arguing in favor of registration. Office action rejections come in many different flavors and the time it takes to respond to a rejection varies depending upon the issues presented by the examining attorney. 

 

We have successfully overcome numerous office action rejections resulting in the federal registration of our clients trademarks. Our attorneys are happy to prepare and file a response arguing in favor of the registration of your trademark which has been rejected by the Trademark Office. For assistance with an office action response or for more information regarding office action responses, please contact our attorneys.