Trademark Blog

What Is An Office Action?

Office Action

Detroit Trademark Attorneys: What Is an Office Action? 

An Office Action is a response to a trademark registration initiated by the US Patent and Trademark Office when the attorney assigned to examine your registration has concerns about your application. 

The issuance of an office action does not necessarily mean that your registration is denied or even about to be denied, but it is something that requires a response within a fixed time-frame. Failure to respond to an office action or to correct whatever it is that the examining attorney finds lacking in your trademark application may indeed result in a denial. 

There are 2 types of office actions: administrative and substantive. 

An administrative office action could simply be an expression of the examining attorney's own confusion regarding the nature of the products you are selling, or a request for the correction of something in the application of a typographical nature. Another example might be the need for clarification as to who (or what entity) owns the mark ... Was it filed in a person's individual name vs. a corporation vs. a partnership? 

This sort of "non-final" office action is noting problems and giving you the opportunity to correct them. 

The second sort of office action, the "substantive" action, is more serious. These are complaints regarding the proposed trademark's likelihood of confusing consumers as to the source and quality of your goods or services, a complaint that the trademark is "merely descriptive" (of the goods or services sold), or a number of other points hitting at the viability of the mark itself. 

If you did not respond to an initial "non-final" office action, additionally, the USPTO may issue a "final" office action that requires immediate attention. 

Generally, you have 6 months to respond to and remedy an office action. A good trademark registration attorney will work to avoid common errors from the outset and, when an office action does arise, will not let 5.5 months slide by before attending to your situation. 

If you are interested in discussing the filing of an initial trademark application or defending an office action already filed, please contact us to discuss your matter. 


Can I Use An Abandoned Trademark?

Michigan Trademark Attorney - The fact that a Federal trademark registration has been abandoned or is listed as dead in the USPTO TESS database does not necessarily mean it is available for your use. Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark registration. Affordable flat fees, virtual consultations.

Detroit Trademark Attorneys: Can I Use a Celebrity Name In My Trademark?

Detroit Trademark Attorneys - You cannot use a celebrity's name or image in your proposed trademark without that celebrity's express authorization. The USPTO trademark application form requires it—and the celebrity owns his or her own "right of publicity." Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark application. Affordable flat fees and virtual consultations.

Trademark Attorney: What Is the Difference Between Trademark and Patent and Copyright Law?

The key difference between trademark, copyright, and patent law is in the subject-matter of the Federal protection involved. Federal Patent and Copyright Registration protects the design or work of the creator whereas a Trademark Registration protects consumers' right to know what they are buying and from whom. The Hilla Law Firm represents Trademark clients across the US. Call now to schedule a free, virtual Trademark Registration consultation: (734) 743-1489.

How Do I Register a Trademark for my Cosmetics Brand?

Registering a Federal trademark for a cosmetics brand or product requires that the name or logo uniquely identify the source of the product to consumers. The Hilla Law Firm will walk you through the registration process start-to-finish with maximum customer service and affordable flat fees. (734) 743-1489.

What Is a Trademark Application Descriptiveness Refusal?

Michigan Trademark Attorneys: A name or logo that merely describes the goods or services it identifies to consumers is not eligible for trademark registration. The Hilla Law Firm, PLLC will assist with your Federal trademark registration at an affordable flat rate. Premium customer services, virtual consultations. (734) 743-1489.

Can I Register My Band Name as a Trademark Even If It Is Offensive?

Detroit Michigan Trademark Attorney - A band or rapper or musician's name can be registered as a trademark even if offensive so long as it meets the other criteria for registration. The Hilla Law Firm specializes in helping bands and musicians protect their brands. Affordable flat fees. (734) 743-1489.

How Do I Register a Trademark for a Board Game?

Trademark Attorneys - To be registered as a Federal trademark, a board game name or logo must uniquely identify the product to consumers. The Hilla Law Firm will assist you in registering your Federal boardgame trademark with friendly service, virtual consultations, and affordable flat fees. (734) 743-1489.
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