The United States Patent and Trademark Office (“USPTO”) has reduced the historical six-month deadline to respond to pre-registration Office Actions issued by a USPTO examining attorney to three months. This new three-month deadline is effective for all pre-registration trademark Office Actions issued on and after December 3, 2022. Any Office Action outstanding prior to December 3, 2022 retains the six-month response deadline.
The historical six-month response deadline for post-registration Office Actions remains at six months until October 7, 2023, when it also changes to three months.
If an Office Action issued on your trademark application on or after December 3, 2022, please be mindful of this new, shortened response period. Some evidence that may be necessary to support your arguments in response to an Office Action may take time to gather, process and organize, and your trademark attorney should advise you of what may be needed in responding to an Office Action. We are happy to answer any questions that you may have with your Office Action or in connection with a possible application or maintenance of your existing trademark portfolio. Please reach out to the author of this post or any member of the Rich May team that you are currently working with.
Disclaimer: This summary is provided for educational and information purposes only and is not legal advice. Any use of brand names herein, real or fictional, are for educational purposes only. Any specific questions about these topics should be directed to attorney Arvid von Taube.
© 2023 by Rich May, P.C. and Arvid von Taube. All rights reserved.