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Does receiving an office action mean my trademark is denied?

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Written by Jan Buza

Co-founder of Trama

No, receiving an office action doesn't have to mean losing your trademark, it simply means the examiner has identified some issues with your application. In the US, about half of all trademark applications receive an office action.

Office actions are generally divided into non-final and final. Non-final office actions are for issues raised for the first time. In the office action, the examiner will state the problems with the application and provide ways of correcting them. Once you submit a response (or have an attorney write and submit it for you) and the issue has been corrected, the registration process will resume.

If you fail to address the problems properly and/or on time, the USPTO will issue a final office action. You can still respond and attempt to overcome the outstanding issues. However, a final office action is often considered the last opportunity to address them.

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Response to an office action

Save your trademark application by submitting a proper response to an office action.

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