One problem many self-filers face is when they file an application on their own, only to receive an Office Action from the trademark office a few months later refusing their application – confused, they abandon the application merely because they don’t understand the full process of applying for a trademark.
What is an Office Action?
Once a federal trademark application is submitted to the USPTO it is assigned to
an Examining Attorney who reviews it to make sure the application fulfills all the technical requirements, as well as reviewing the existing registrations to evaluate whether there are any preexisting applications or registrations that the new application would cause confusion with. In the event the Examining Attorney rejects the application for any reason, you will have six months to respond to the office action. If the Examining Attorney is still not satisfied, he/she will answer in 3-6 months, and there will be another response due, and so on.
Office Actions come in many forms. Some are for substantive reasons, such as a belief that there is a likelihood of confusion between your application and an existing registration, or that your mark is merely descriptive of the relevant goods or services. Alternatively, office actions can be for technical issues related to how the application was prepared or the format of specimen submitted to support the application.
I can assist you in the event of these office actions by helping to evaluate the basis of the objection, and constructing a response that addresses the Examining Attorney’s concerns.
Call 612-414-3113 to discuss how I can help you with your trademark and copyright related matters.