Trademark Office Action Response Period Shortened to Three Months featured image

Trademark Office Action Response Period Shortened to Three Months

by John DiGiacomo

Partner

Trademark

As pretty much every applicant who has filed a trademark within the past few years already knows, the wait time to see your mark registered with the USPTO feels longer than it takes to grow a waist-length beard. Well, it seems that the USPTO has acknowledged our collective impatience and has issued a new rule to remedy that.

Beginning December 1, 2022, the response time for an Office action issued for a trademark will be shortened from six months to three months. Office actions are issued when the trademark examiner has identified a procedural or substantive issue with an application. These actions are common, and most applications receive one on their route to registration. And thanks to this new rule, this response period change will significantly shorten the applicant’s waiting period for the USPTO’s review! The USPTO will still, however, provide an option to request one three-month extension of the deadline – provided you pay a fee – if more time is needed. This new three-month response period and extension will also be applied to Office actions issued in connection with post-registration maintenance, as well as renewal filings.

This is great news for trademark applicants! And while the registration process will remain a lengthy one, this new rule will be very proactive and at least make the waiting period much shorter so applicants can get back to focusing their energy on more important matters – like grooming their waist-length beard, perhaps?

Read more about this new rule here: https://www.federalregister.gov/documents/2022/10/13/2022-22217/changes-to-implement-provisions-of-the-trademark-modernization-act-of-2020-delay-of-effective-date

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