Trademark Office Action Deadline Calculator

By the Registry Consulting editorial team · How we research · How we earn money

Updated November 3, 2026

Quick answer: For an application filed under Section 1 or 44, you usually have 3 months from the office action's issue date to respond. You can get one 3-month extension (6 months total) by filing an extension request and paying $125 on or before the first deadline. Madrid (Section 66(a)) applications and post-registration office actions get 6 months. Always use the deadline printed in your office action.

Find your office action deadline

Enter the issue date shown on the office action (also in TSDR). Results update instantly.



How we calculate: we add calendar months to the issue date (if that day doesn't exist in the target month, we use the month's last day). If a deadline lands on a Saturday or Sunday we show the next Monday, because USPTO filings due on a weekend or federal holiday can be made the next business day (37 CFR 2.196). We don't check federal holidays. This is an estimate, not legal advice. The office action itself controls.

Deadline coming up and not sure how to answer? Request a free, no-obligation call with a trademark attorney. Registry Consulting is not a law firm and may be paid by firms that receive requests. Prefer to do it yourself? Read our step-by-step response guide.

What the deadline means

The USPTO must receive your response or extension request by the deadline. Responses sent by email or fax don't count; file through the USPTO's online Trademark Center or TEAS forms.

Sources

Frequently asked questions

Can I get more than one extension?

No. For Section 1 and 44 applications you can request only one 3-month extension per office action.

What if I miss the deadline?

The application is abandoned. You may be able to file a petition to revive within the time the USPTO allows, for a fee.

Keep reading

Your next step

Estimate your USPTO fees. It takes a minute and it's free.

Estimate your USPTO fees →