USPTO Cuts Trademark Office Action Response Deadline to Three Months Figure

January 18, 2023  |  Insights; Trademark & Copyright

USPTO Cuts Trademark Office Action Response Deadline to Three Months

By: Arvid von Taube

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.

About Rich May. P.C.

Rich May, P.C., a law firm founded in 1937 and located in the heart of Boston’s financial district, concentrates its practice on corporate, financial, civil litigation, energy, real estate, entertainment and wealth planning matters. The firm’s clients include a broad group of businesses in New England and throughout the country. Rich May provides the breadth and depth of expertise generally associated with large, national firms, while maintaining the prompt, personal service found in smaller, regional firms. Rich May’s clients have direct access to experienced attorneys who are familiar with both the client and the area of inquiry and can provide timely and practical legal solutions.

Rich May has been elected and admitted as a member of Ally Law. This membership, which provides affiliations with more than 2,800 lawyers at over 70 firms in 50 countries, supplements our ability to assist clients throughout North America and around the world.