Roughly three months after filing a trademark application, an examining attorney will be
assigned to review the file to determine whether the trademark qualifies for registration.
The examining attorney will perform a trademark search for conflicting marks, determine whether the mark is descriptive or inherently distinctive, examine the application for issues, and review any specimens of use for compliance.
If the examining attorney decides against registration, he or she will issue an office action stating any reasons for the refusal. If only minor corrections are required, the examining attorney sometimes contacts the applicant, or, if represented, the applicant’s attorney, by telephone or e-mail to work out the issues. For substantive refusals, a written response is generally required. The applicant must submit a response to an office action within six months of the mailing date of the office action, or the application will be declared abandoned. If the examining attorney is still not satisfied that the application should be granted registration, the examining attorney will issue what is called a final refusal. Final refusals may be appealed to the Trademarks Trial and Appeal Board.
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Attorney consultation requests can be submitted by filling this form. One of our trademark attorneys will respond to inquiries directly. You may also call us at (800) 865-2901.
“ The trademark attorneys at Lewis & Lin are responsive, easy to work with, and fair! ”
— Harvey Moscot (CEO), Moscot NYC