Trademark Application Statement of Use; Final Refusal Issued for SOU
U.S. Federal Trademark Application Statement of Use, Final Office Action to SOU
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If you received this notice, your statement of use has been issued a final refusal. This means that your statement of use was improper, you addressed this in a response to the non-final office action, and the Examiner remained unconvinced. To respond to a final office action, you must comply with the Examiner's requirements, request reconsideration, or appeal, prior to the deadline. You have six (6) months from the emailing date of the office action to respond accordingly.
You have six (6) months from the date of the emailing of the final refusal before you must either appeal, or file a request for reconsideration. You can file an additional office action response if you would like, but it is generally considered non-responsive (meaning it won't buy you additional time), or in some cases, an Examiner will view the response as a request for reconsideration. A request for reconsideration is a request that the Examiner reconsider his or her position on something, and generally brings in a new piece of evidence, or additional arguments not addressed before.
If the Examiner reconsiders refusal of the statement of use, this does not mean that your application will be approved. It just means that the Examiner will consider the new evidence of whether the statement of use is valid, and once he or she has done so, then a new final refusal can issue, or the Examiner can permit the application to proceed and withdraw his or her refusal. However, if the Examiner refuses to reconsider, then there is no new final refusal; the original date of the final refusal continues to be the deadline, and the application must file a notice of appeal by that date or the application will go abandoned.
Thus, it is important to keep the original date of the final refusal in mind, even if you file a request for reconsideration because if it is refused, then you may miss the date for appeal. When it comes to filing a notice of appeal, the first part is easy: you file a notice and pay a fee. But, then, once the Examiner has passed on your request for reconsideration, if the refusal is maintained, then you will have to file an appeal brief, making legal arguments for why the Examiner was wrong about the grounds for refusal to register your mark.
A response must be filed within 6 months of the emailing date of the 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.
If you have received a final office action and are not using an attorney, this may be the time to consider hiring a qualified trademark attorney to address the final office action and determine if there is a pathway to overcome the refusal or appeal.
The USPTO does not issue reminders of the date to respond to an office action, and this system does not track this particular refusal for reminders. 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: