Trademark Office Action: What It Is and How to Respond

Published by the Registry Consulting team · How we researchSources linked in this guideNot a law firm · no legal adviceTalk to a trademark attorney

Updated November 2, 2026

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Registry Consulting is an independent information site, not a law firm, and does not give legal advice. Guides are general information about U.S. trademark law.

Quick answer: An office action is a letter from the USPTO examining attorney listing problems with your application. For most applications filed by US applicants, you have three months to respond, with one three-month extension available for a fee. Missing the deadline causes abandonment.

Office actions are common and don't mean your application is doomed. Many are simple fixes.

This is general information, not legal advice. For advice on your situation, talk to a licensed trademark attorney.

Common reasons

Likelihood of confusion with an existing mark (Section 2(d))
Merely descriptive mark (Section 2(e)(1))
Unclear identification of goods or services
Specimen problems
Missing information or disclaimer required

Deadlines

The deadline is shown in the office action and in TSDR. Check the USPTO's office action page for the current response periods and extension fee.

Your options

Fix technical issues yourself through the USPTO's online forms.
For substantive refusals like likelihood of confusion, consider a trademark attorney. See talk to a trademark attorney.

Frequently asked questions

What happens if I don't respond?

The application is abandoned. In some cases you can petition to revive it, for a fee.

Can I respond myself?

US-domiciled applicants can represent themselves; foreign-domiciled applicants need a US-licensed attorney.