Can I still respond to a final office action?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes. A final office action can be responded to, but the response must be more targeted than a non-final response. The examiner has already considered and rejected at least one previous response; a repeat of the same arguments is unlikely to succeed.

Though your options are narrower after receiving a final office action, you can still respond in one of three ways:

  • 1. File a Request for Reconsideration, addressing the specific grounds the examiner maintained
  • 2. Amend the application to resolve any remaining outstanding issues
  • 3. File a Notice of Appeal to the relevant tribunal

A response to a final office action should ideally be handled by an experienced trademark attorney.

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