Trademark Office Action Rejection Response Tool
What Action Needs to be Taken?
Look at the Office action - Summary of Issues (Example to the right)
In this case there is a:
- 2(d) Likelihood of Confusion Refusal - the USPTO thinks your trademark is similar to another trademark in the Register
- 2(e)(1) Merely Descriptive Refusal - the USPTO thinks the trademark describes a characteristic of the goods/services
- Specimen Issue
DIY-er?
Free Response Templates for Office Action Refusals
Our free office action response tool prepares custom trademark likelihood of confusion, descriptiveness and disclaimer responses.
i) Fill out the form corresponding to your issue with your trademark info and the other trademark registration if applicable, and
ii) a complete response template is emailed to you.
Click Here for Likelihood of Confusion
Click here for Descriptiveness
Experience the precision and ease of AI-driven legal assistance today—try our tool below and keep your trademark application moving!
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Likelihood of Confusion Response Form
Fill in the Form, and the Likelihood of Confusion Response Template is sent to you.
A. Email - Add your email to receive the draft office action response securely and confidentially. It arrives in about 30 seconds.
B. What is your Trademark? Add your trademark in plain text (no logo). Just the wording of the trademark.
C. What is the Trademark Serial No? Provide the Trademark Serial No. (eight digits).
D. What is the Class Number (e.g. 025) of the Goods/Services for your trademark? Provide the International Class Number from the goods/services. You can find this in the office action or the USPTO search at tsdr.uspto.gov.
E. What are the actual Goods/Services of your trademark? Provide the trademark's goods/services, or if the list is long, a summary of the main products.
F. What is the Trademark cited as similar to yours? What is the Trademark that is cited as similar? Input just the words, not the logo.
G. What is the Registration or Serial no of the cited trademark? Add the Registration (seven digits) or Serial No. (eight digits) of the similar trademark.
H. What are the cited Trademark's actual Goods/Services? What are the relevant cited goods/services of the cited trademark? Summarize and focus on overlapping goods or the most similar ones if the list it too long.
Descriptiveness Response Form
Fill in the Form, and the Descriptiveness Response Template is sent to you.
A. Email - Add your email to receive the draft office action response securely and confidentially. It arrives in about 30 seconds.
B. What is the Trademark Serial No? Provide the Trademark Serial No. (eight digits).
C. What is your Trademark? Add your trademark in plain text (no logo). Just the wording of the trademark.
D. What is the Class Number (e.g. 025) of the Goods/Services for your trademark? Provide the International Class Number from the goods/services. You can find this in the office action or the USPTO search at tsdr.uspto.gov.
E. What are the actual Goods/Services of your trademark? Provide the trademark's goods/services, or if the list is long, a summary of the main products. In particular list those that the Examiner thinks are described by the trademark.
About Us
TrademarKraft has been responding to thousands of office actions for US and foreign trademark applicants, for over 10 years. We designed this tool with our wealth of experience to help trademark owners to move their marks to registration without engaging an expensive attorney.
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How do I submit the response?
Open form and sign in.
1) Open the Form:
https://teas.uspto.gov/office/roa/
2) Log in
3) Insert your Serial no
4) Click "Continue"
Pick 1. Responding to Refusal
Pick "likely to cause confusion with another mark(s)" and click "Continue"
Attach Response
Either click button "Click Here to Enter Argument(s)" OR "Click Here to Attach Evidence" and attach the pdf file
Sign and Submit
Once you have attached the argument, page through, /sign/ and submit as the Trademark Owner
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Disclaimer and Terms: The content generated by this tool is not legal advice and should not be relied upon as such. It is intended for informational purposes only. While the tool aims to provide accurate and useful responses, it is not a substitute for professional legal counsel. We strongly recommend that you consult with a qualified attorney to review any responses generated by this tool to ensure that they meet your specific legal needs and comply with applicable laws and regulations.
No attorney-client relationship is formed by the use of this tool and website, and there are no warranties whatsoever, including warranties of fitness for a particular purpose. If you do not agree with the terms please refrain from using the website and the tool.
Time Limit for Responding to an Office Action for Likelihood of Confusion
When the United States Patent and Trademark Office (USPTO) issues an Office Action citing a likelihood of confusion refusal under Section 2(d) of the Lanham Act, the applicant is given a specific timeframe to respond. The standard time limit to respond to an Office Action is six months from the mailing date of the Office Action.
Consequences of Not Responding
Failing to respond to an Office Action within the six-month period has significant consequences:
Abandonment of the Application:
The most immediate and severe consequence is that the trademark application will be considered abandoned. This means the applicant loses the priority date of their filing and will have to start the application process anew if they wish to pursue registration of their mark.
Loss of Filing Date:
If the application is abandoned, the original filing date is lost. This can be particularly detrimental if, during the interim, another party files a similar mark, potentially blocking the new application or resulting in a need for a new examination of the mark’s registrability.
Reapplication Costs and Delays:
The applicant will need to file a new application, incurring additional fees and potentially facing new procedural delays. This reapplication will restart the examination process, which can be lengthy.
Petition to Revive:
In some cases, the applicant can file a petition to revive the abandoned application. This must be done within two months of the notice of abandonment or within six months if the applicant can show that they did not receive the notice. The petition must demonstrate that the delay in responding was unintentional and requires a fee. However, this is not guaranteed to succeed and can further delay the process.
Practical Steps to Avoid Missing the Deadline
Set Reminders:
Upon receiving an Office Action, immediately set reminders or calendar alerts well before the six-month deadline to ensure ample time for preparing a response.
Engage Legal Counsel:
Consulting with a trademark attorney promptly can help ensure that the response is thorough and timely. Legal professionals are well-versed in managing deadlines and crafting effective responses.
Draft Early:
Start drafting the response early in the process. This allows time to gather evidence, seek consent agreements, or explore any potential amendments to the application that may overcome the refusal.
Monitor Communication:
Regularly check the email address associated with the trademark application and the USPTO’s Trademark Status and Document Retrieval (TSDR) system for updates or communications regarding your application.
File for Extensions (If Applicable):
While the six-month response period is generally fixed, staying proactive and engaging with the USPTO or seeking legal advice early can help in managing the timeline effectively.
By understanding the critical nature of the six-month deadline for responding to a 2(d) likelihood of confusion refusal and the severe consequences of missing this deadline, applicants can take the necessary steps to ensure their trademark application proceeds smoothly.