Trademark Application Filed; Preliminary Refusal of Statement of Use Issued
U.S. Federal Trademark Application Filed, Non-Final Office Action Issued Refusing Statement of Use
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If you received this notice, your statement of use has been initially refused. This is typically because there is a technical error in the specimen. The mark used in the specimen may not match the mark as applied-for. Or, the specimen may be considered improper under USPTO rules. In most cases, a substitute specimen will resolve the issue. If you disagree with the Examining Attorney, you can present arguments, rather than submitting a new specimen.
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 statement of use 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).
To file a response, use the TEAS forms here: