Beginning on December 3, 2022, trademark applicants will have three (3) months to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (“USPTO”).
The new response period applies to the following: (1) Use in Commerce section 1 (a); (2) Intent to Use section 1(b); (3) Foreign Application section 44(e); and (4) Foreign Application section 44(d). The new response period will not apply to Madrid Protocol section 66(a) or post-registration office actions. Though details are not yet confirmed, the USPTO currently plans to change the post-registration response period in 2023.
To file a response with USPTO you must file by the deadline. The issue date listed on the office action triggers the three-month deadline. Meeting the response deadline is imperative to protecting your brand. If you fail to meet the response deadline, your trademark application will be abandoned. Once your application has been abandoned, the USPTO will no longer process your application. If you require additional time, you may request a single three-month extension for a $125 fee. Nevertheless, the request for additional time must be submitted by the initial deadline.
Our firm has extensive experience with office actions, trademark applications, brand protection and other business matters. If you have any questions related to this Legal Briefing, please contact any member of our Firm at 585-730-4773. Please note that any embedded links may expire in the future.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2022 Law Offices of Pullano & Farrow PLLC