An intellectual property law firm will respond to your Office Action and will use its cutting-edge AI technology to generate a first draft, which one of its trademark attorneys will review for accuracy and tone, and enhance with years of experience, human creativity and design. Brandme gives you the best chance to overcome any Office Action refusal.
What is an Office Action? An Office Action is a letter sent via email or snail mail from the examining attorney assigned to your application by the Trademark Office. The letter is issued because the examiner has found something wrong with your application, which could be substantive, such as a finding that your mark is identical to another mark for closely-related goods or services and likely to cause confusion, or procedural, such as your specimen is illegible so you must submit a clearer one.
Does receiving an Office Action mean that your application has been rejected and you have no options but to select a different mark and try again? No. Examining attorneys are humans and make mistakes. But because they are gatekeepers, even if their initial refusal to register your mark was wrong, you still have to respond to the Office Action to their satisfaction.
The Office Action response must convince the examiner that they either made a mistake by refusing to register your mark, or you have made certain changes or supplied evidence that persuades them that your application meets the necessary standards to merit registration. This is where Brandme’s partnership with an established intellectual property law firm that employs cutting-edge AI technology and skilled trademark attorneys to review the response and your application comes into play. The law firm’s AI technology, which is continually updated, was exclusively designed to respond to Office Actions. This technology distinguishes the firm from its competitors and provides you with the best chance to successfully overcome the examiner’s refusal.
What if the response doesn’t convince the examining attorney to change her/his mind, do I have to start over? Not necessarily. There are Nonfinal and Final Office Actions. All hope isn’t lost until a Final Office Action is issued, which you don’t respond to, or your response still doesn’t persuade the examining attorney to withdraw the refusal. When that happens, you can appeal to the Trademark Trial and Appeal Board or throw in the metaphorical towel and start with a new application.
When must you respond to an Office Action? You normally have to respond to an Office Action within three months of the issue date or else the application will be abandoned.
What happens if your mark is abandoned? Depending on when the mark was abandoned, you may be able to revive it by submitting a fee within the grace period. If you fail to timely revive the application, the application will be permanently abandoned and you will have to start a new application.
