Trademark Application Filed; Preliminary Refusal Issued
U.S. Federal Trademark Application Filed, Non-Final Office Action Issued
NON-FINAL ACTION - MAILED; trademark; us federal trademark; us trademark; trademark refused; office action; non-final office action; trademark office action refusal; preliminary refusal; response to office action
If you received this notice, your application has been initially refused. But, this might not be the end of the road. Many trademarks are initially refused, but can end up moving toward registration with a simple response.
The first thing to note is that a response must be filed within 6 months of the emailing date of the non-final office action send by the USPTO. That date is non-extendible.
Failure to respond by that date will result in an abandonment of the trademark application.
Second, it is possible that your application was refused for technical reasons. These are called informalities by the USPTO. Informalities can often be resolved with a telephone call to the Examining Attorney, identified in the office action.
Third, if the refusal is on more substantive grounds, then you will need to write a formal response, and make arguments in favor of registration. This type of response is more difficult for a layperson and is often a good time to consult an attorney. While our system has materials that can help understand the various reasons for refusal, it is not likely enough for a non-attorney to respond to a substantive refusal.
The USPTO does not issue reminders of the date to respond to an office action. Therefore, you must track the date and respond appropriately by the dat set forth in the non-final office action (6 months from the date of the action).