Ah, the dreaded Office Action, every trademark applicant's worst nightmare (that might actually be an opposition, but I digress). What does it mean? What can be done about it?
Trademark applications have to meet certain requirements or they will be refused registration by USPTO. Many times, if counsel is engaged to prepare the trademark application, a number of these refusals can be avoided.
Once an Office Action has issued, it may be difficult to overcome because many modifications are not allowed after an application has been submitted.
"Likelihood of confusion" is a common reason for an Office Action. This means USPTO has done their own search of already registered marks and found something they think your mark is too similar to.
It's important to engage legal counsel once you have an Office Action. We may be able to help you, or at least try to craft a response that may help get your mark registered.
If you've been issued an Office Action, please fill out the form below and we'll evaluate your issue.
Sarah E. Holmes is a Philadelphia business attorney and strategist that helps start ups and established businesses looking to expand, protect their assets and increase their profits in an approachable, down-to-earth way.