Office Action Responses in Detroit, MI

If you filed your trademark registration application on your own, you may now be in receipt of what is known as an “Office Action.” 

 

An Office Action is a refusal of your trademark registration application by the US Patent and Trademark Office (USPTO). 

 

If you do not respond to the Office Action before the passing of a specific deadline, your trademark registration application will be Abandoned. That is, your registration will be denied. In other words, you will have no right to sue for infringement in Federal court and no right to claim the exclusive use of your mark. 

 

However, there is good news. If you have received an Office Action, it is not too late to obtain professional assistance. A trademark attorney may still be able to draft and file your Office Action Response if you move quickly. 

 

Noble Path Trademark Law can step into your case as your Counsel of Record and draft and file your Office Action Response. Depending on what issues need to be addressed, we will maximize your odds of overcoming the refusal and registering your trademark.

Noble Path Trademark Law

Noble Path offers a simplified process for registering your trademark in Michigan, giving you legal ownership of your licenses.

Do You Need a Lawyer to File an Office Action Response?

Technically, you can file a Response yourself.

However, as a non-lawyer, you are unlikely to overcome USPTO refusals. A realistic shot at overcoming refusal requires that you retain an experienced trademark attorney.

Retaining a US-licensed attorney is, in fact, your only alternative to doing-it-yourself.

Per USPTO Rule, only a US-licensed attorney can appear on your behalf and present legal arguments to the USPTO.

A discount website form-filing service cannot help you with an Office Action.

What Is the Deadline for Responding to a USPTO Office Action?

Currently, you must respond within 6 months of its filing, or your trademark registration application will be Abandoned by Default.

However, in December of 2022, this deadline will be shorted to 3 months.

If you have received an Office Action, you have no time to waste in retaining an experienced trademark lawyer.

Our Trademark Office Action Response service includes:

  • Initial virtual consultation with our trademark attorney to discuss your specific Office Action;
  • Filing our Appearance as your Counsel of Record if an Office Action Response is merited;
  • Researching, drafting, and filing the Office Action Response;
  • Communicating actively with you throughout this process;
  • Advising you of further options should the Office Action Response fail to overcome the refusal.

Our Response Service Rates

We charge hourly or by flat fee depending upon the complexity of your particular Office Action.

Administrative Office Actions

Some Office Actions are “Administrative" in nature. That is, they are merely procedural refusals. These are requests by the USPTO to remedy some minor error (or multiple such errors) in your application. 

For Administrative Office Actions, we will nearly always charge a flat fee.

Substantive Office Actions

For more “substantive” Office Actions, including Likelihood of Confusion or Descriptiveness refusals, it is more likely that we will charge hourly with an advance retainer required—but not always. 

Your first step in obtaining a firm quotation is to follow the steps below to schedule an Initial Consultation with us.

How to Get Started

Step 1: Complete the Contact Form below to let us know who you are

    Step 2: Schedule Your Consultation using the button below

    After booking your consultation, you will be directed to our LawPay payment page for payment of our $100.00 Initial Consultation Fee. If we advise that it will be worthwhile for you to file a Response to your Office Action (it is not always) and you decide to retain us within 5 days of our consultation, the $100.00 fee is applied to your attorney fee.

    The Initial Consultation Fee is non-refundable if you do not retain us after we speak or do not appear for the consultation. Consultation meetings rescheduled within 24 hours of the original meeting date will require payment of an additional $100.00 consultation fee.

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