Is it hard to overcome a non-substantive office action?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Generally speaking, non-substantive office actions are not complicated to overcome since the issues are merely formal and don't concern the mark itself.

In case of missing or improperly entered information, usually, all you'll have to do is fill out an online form or submit another document.

However, if you've received a specimen refusal, your chances depend on your ability to provide a sufficient specimen. Common reasons for dismissal include submitting a mockup instead of a photo of a physical product or the specimen showing a slightly different version of the mark than the one in the trademark application. In these cases, it might be challenging to provide the correct specimen within the initial deadline, but not impossible.

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