United States
Got a USPTO refusal? Respond before the 3-month clock runs out.
An Office Action isn't a dead end — it's an invitation to respond. But the USPTO deadline is firm, and missing it abandons your application. Our US-licensed attorneys read the examining attorney's objections, quote a flat fee before drafting, and file inside your window.
- US-licensed trademark attorneys with Office Action expertise
- Strategic responses filed within 5 business days of approval
- We handle both non-substantive and substantive refusals
Your deadline is firm: 3 months from the issue date (since December 2022). From $150.00 for a non-substantive response.
What you're up against
An Office Action is an objection — not a rejection.
When a USPTO examining attorney reviews your application, they may issue a written objection citing prior conflicting marks, descriptiveness, a specimen problem, or a formality issue. About 40% of all US applications receive one. The right strategy depends entirely on which family the refusal falls into.
From $150 · usually straightforward
Non-substantive (procedural) Office Actions
Technical or formality issues that rarely threaten the mark itself. A precise, on-time response normally clears them and the application proceeds to publication.
- Disclaimer requirements for descriptive or generic terms
- Amendments to the identification of goods / services
- Informality fixes — signature, entity type, classification
- Requests for additional information or clarification
From $250 · quoted per matter
Substantive refusals
Legal refusals that turn on argumentation and evidence. We scope the response and quote it before any drafting begins — never billed by surprise.
- Section 2(d): likelihood of confusion with an existing mark
- Section 2(e)(1): mark is merely descriptive of the goods / services
- Section 2(a): immoral, deceptive, or scandalous matter
- Specimen refusals — mark not shown in use in commerce
What the response includes
One US attorney, the whole response, start to filing.
Every engagement runs the same way: retrieve the Office Action, agree the strategy with you, draft the argumentation, and file through the USPTO Trademark Center inside your 3-month window. You approve the approach before any drafting begins.
- Full retrieval and review of the Office Action and every cited prior mark or ground
- Response strategy memo before drafting — you approve the approach first
- Attorney-drafted response with the statutory argumentation the refusal calls for
- du Pont likelihood-of-confusion analysis for Section 2(d) refusals
- Acquired-distinctiveness (Section 2(f)) evidence package for descriptiveness refusals
- Identification-of-goods amendments and disclaimers where they clear the objection
- Substitute or supplemental specimens prepared where a specimen refusal is raised
- Filing through the USPTO Trademark Center as your attorney of record
- Status updates through to the examiner's next action in your client portal
Post-Registration Attorney Representation is included free for 1 year. An Attorney Representation retainer may apply after that.
Understanding USPTO Office Actions
Everything you need to know about the refusal — and the deadline.
Office Actions, response deadlines, the substantive refusal grounds, and what happens after you respond — in plain English, by US-licensed attorneys.
What is an Office Action?
A formal letter from a USPTO examining attorney identifying issues with your application. It is not a rejection — it is a request for clarification or legal argument. About 40% of all US applications draw at least one.
The 3-month deadline
You have 3 months from the issue date to respond — reduced from 6 months on December 3, 2022. One 3-month extension is available for $125/class. Madrid §66(a) applications keep a 6-month window with no extension.
Non-final vs. final
A non-final action is the examiner's first; you submit arguments and evidence. A final Office Action maintains the refusal — your options narrow to a TTAB appeal ($200/class), a request for reconsideration, or abandonment.
Section 2(d) — likelihood of confusion
The most common substantive refusal: the examiner finds your mark confusingly similar to an existing one. Overcoming it means arguing differences in appearance, sound, meaning, and commercial impression under the du Pont factors.
Section 2(e)(1) — descriptiveness
The examiner considers your mark merely descriptive of the goods or services. The response may argue the mark is suggestive, submit Section 2(f) acquired-distinctiveness evidence, or amend to the Supplemental Register.
Miss the deadline = abandonment
Failure to respond in time abandons the application — and the government filing fee with it. You'd then file a brand-new application ($350/class USPTO fee) and restart the 8–12 month examination. The USPTO grants no retroactive extensions.
What it costs
Flat fee for procedural. Quoted upfront for substantive.
Pricing depends on the type of Office Action. There is no USPTO government fee for filing the response itself — and we provide an exact quote after reviewing your case, never billed by surprise.
- Non-substantive (procedural) response
- from $150.00
- Substantive response
- from $250.00
- USPTO response fee
- $0
- Deadline extension (if needed)
- $125/class USPTO
Disclaimers, ID amendments, formality issues, minor specimen corrections.
Section 2(d) confusion, 2(e)(1) descriptiveness, specimen refusals, multi-issue.
Complex or final Office Actions may be quoted higher. We quote the response in writing before any work begins; government fees, if any, are passed through at cost.
Tell us about your Office Action in the catalog and our attorneys respond with a strategy and quote — no payment required.
How it works
Three steps to a clean USPTO Office Action response.
Submit your application number
Send us your USPTO application or serial number — that's all we need to retrieve the Office Action and the full prosecution history. A US-licensed attorney reads the cited grounds, even if GTC didn't file the original application.
Strategy, quote, then draft
We send a personalized strategy recommendation and a transparent flat quote based on case complexity. Once you approve, your attorney drafts a comprehensive response and shares it before anything is filed.
File and monitor
We file the response with the USPTO on your behalf — typically within 5 business days of approval — then monitor the case and notify you of any examiner update.
The response timeline
From issue date to the examiner's next action.
The 3-month clock starts the day the Office Action issues. Here's how a GTC response fits inside it.
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Day 0
Office Action issued
The USPTO mails the examining attorney's Office Action. Your 3-month response clock starts on the issue date (6 months for Madrid §66(a) applications).
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Within days
Triage, strategy & quote
Send us your application number and we retrieve the action, identify every issue, and return a response strategy plus a flat quote — no payment required to get the assessment.
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~5 business days
Response drafted & filed
Once you approve, your attorney drafts the response and files it through the USPTO Trademark Center, comfortably inside your 3-month window.
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~3–4 months later
Examiner reviews your response
If the examiner is satisfied, the application proceeds to publication. If not, a final Office Action issues — and we map the TTAB appeal or reconsideration route upfront.
Your Customer Success Team
A real team that owns your matter — not a ticket queue.
Every GTC client gets a dedicated Account Manager and a Senior Account Manager who learn your business and stay with you from first email to final filing — real people who pick up the phone, so you never re-explain your brand or chase a queue.
Your Account Manager
Your day-to-day point of contact — coordinates every matter, keeps things moving, and already knows your file. No intake form, no re-explaining.
Your Senior Account Manager
Senior oversight on strategy and escalations, stepping in as your needs grow — so nothing important slips through the cracks.
A real person, on email or a call — at every step.
The proof
Real work, real clients, real reviews
7,500+
Trademarks filed
10,000+
Clients served
107
Trademark jurisdictions
11
In-house attorneys
“I've had the pleasure of working with Rajat for many years. He has expertly guided me through the process of registering my company in the USA, Canada, UK, Australia, New Zealand, and more. His deep knowledge of trademark law across jurisdictions is impressive.”
“We had various US trademarks to submit, and the team at Modi & Zaidi handled the entire process. They are friendly, knowledgeable and punctual. We will definitely use their services again.”
“Working with Maryam & the team of Rajat Modi has been an exceptional experience. Her professionalism, knowledge, and commitment to my case have been evident throughout the process.”
“I am a regular customer of GTC. They have done more than 15 Multi-Countries Trademarks for me so far. Their service quality and turnaround time is exceptional.”
“I had infringed on the copyright of a big brand, which threatened to lose my business. However, thanks to the professional work of this team, we signed the best possible contract and saved the business.”
“Global Trademark Company is the best in the business and I've used them for a number of my applications. Highly recommended for anyone looking for reliable trademark services.”
Office Action Response FAQ
The questions clients ask
Got a USPTO Office Action and a tight deadline?
Ready when you are.
Free 30-minute triage with a US-licensed trademark attorney. Send the Office Action and your application number — we'll read the refusal grounds, share the response strategy, and quote a flat fee before any work begins. No sales pitch, no obligation.
