Trademark Modernization Act Reduces the Response Period for Office Actions

During the trademark application process, the United States Patent and Trademark Office may issue an “office action,” which is an official letter that lists any legal problems with either your trademark or the application itself.  You must resolve all issues identified in the office action before your mark can be approved.

On December 1, 2022, changes to the office action response timeline will go into effect.  Previously, applicants and registrants had six months to respond to office actions.  Starting in December 2022, this timeframe will be shortened to three months.  This also applies to post-registration actions.  Applicants will have the option to request a single three-month extension for a $125 fee.  The application or registration will be canceled if the applicant does not respond within three months or request an extension.

If you have questions about how to apply for a trademark, contact our office to speak with one of our experienced attorneys.