What Is a USPTO Office Action?
A common step, not necessarily a bad sign.
An Office Action is a formal letter from the USPTO raising a question, requirement, or objection about your trademark application. Receiving one is common and does not automatically mean your application will fail — but it does require a timely, appropriate response.
Common types of Office Actions
- Likelihood of confusion refusal — the examiner believes your mark is too similar to an existing one for related goods/services.
- Descriptiveness refusal — the mark is considered merely descriptive rather than distinctive.
- Identification/classification issues — your goods/services description or class needs correction.
- Specimen issues — your proof of use doesn't meet USPTO requirements.
- Technical/procedural issues — missing signatures, formatting, or other filing details.
What happens after you receive one?
You (or your attorney, for foreign-domiciled applicants) have a set deadline to respond. Depending on the issue, a response might involve legal argument, amended language, additional evidence, or a combination.
We cannot promise that any Office Action can be successfully overcome — outcomes depend on the specific facts and applicable law. Where a response requires legal argument, that work is handled by a U.S.-licensed trademark attorney.
Fees for Office Action responses
Additional professional fees may apply depending on the complexity and circumstances of the issue raised. We quote this work individually rather than publishing a fixed price. See our full Office Actions & Objections page.
Talk to us about your Office Action