Overcome USPTO Refusals with an Experienced Trademark Office Action Attorney

Strategic Trademark Prosecution | Office Action Responses | Bellevue-Based, Serving Clients Nationwide

Has the USPTO Issued an Office Action Against Your Trademark?

Receiving an Office Action can feel like a setback—but it’s not the end of your trademark journey. At MDK Law, our experienced Trademark Prosecution Attorneys and Trademark Office Action Lawyers help businesses across the U.S. respond to USPTO objections and move their trademark applications forward with confidence.

Meet Our Trademark Prosecution Attorneys

Mark D. Kimball

Bellevue IP lawyer Mark Kimball

Founding attorney with decades of experience in business law, intellectual property, and trademark registration.

View Profile →

Nahal Nabavinejad

Trademark lawyer Nahal Nabavinejad

Trademark attorney focused on federal trademark applications, Office Action responses, and brand protection strategy.

View Profile →

 

What Is a USPTO Office Action?

A USPTO Office Action is a letter from the examining attorney at the U.S. Patent and Trademark Office outlining legal or procedural issues with your trademark application. Common reasons include:

  • Likelihood of confusion with another registered mark
  • Descriptiveness or generic terms that cannot be protected
  • Improper or missing specimens of use in commerce
  • Vague or misclassified goods/services descriptions
  • Missing disclaimers for descriptive terms

Office Actions must be responded to within six months—or your application may be considered abandoned. At MDK Law, we tenaciously fight to protect your brand, ensuring your response is strategically crafted, timely filed, and positioned to move your trademark toward approval.

Why Work with a Trademark Prosecution Lawyer?

Responding to a USPTO Office Action isn’t just a matter of filling out a form. It requires careful legal argument, evidence, and strategic positioning to overcome the refusal. Our Trademark Prosecution Lawyers and Trademark Office Action Attorneys will:

  • Analyze the examining attorney’s objections
  • Craft legal arguments to demonstrate why your mark should be approved
  • Modify your application if needed while preserving brand strength
  • Communicate directly with the USPTO when appropriate
  • Prepare appeals to the Trademark Trial and Appeal Board (TTAB), if necessary

Common Questions About Office Actions

What Happens if I Ignore an Office Action?

Your application will be deemed abandoned if you don’t respond within six months. You will lose your filing date and may have to start over entirely.

Can I Respond to an Office Action Myself?

Yes, but it’s not recommended. Office Actions often include nuanced legal issues. A Trademark Office Action Attorney increases your chance of success and avoids mistakes that could delay or derail your application.

How Long Does It Take to Get a Response After Filing?

After your response is submitted, it can take several weeks or months for the USPTO to review it. If accepted, your application will proceed. If not, a Final Office Action may be issued.

What If I Filed the Trademark Myself?

Even if you filed without a lawyer, you can still retain us to handle your response. Our attorneys frequently assist clients who started the process on their own and encountered a refusal.

Submission of information by this form does not create an attorney-client relationship. We will not take any action on your behalf unless and until we agree to serve as your attorneys through a written agreement. Please do not submit any information that you deem confidential.