Beginning on December 3, 2022, trademark applicants will have three months (with a possible three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). This change only applies to office actions issued on or after December 3.
By shortening the response time, the USPTO intends to:
- Decrease the time it takes to get a registration
- Provide the flexibility to request additional time to respond to more complex office actions
This new response period will not apply to post-registration office actions on December 3, 2022. Changes to the post-registration response period will be implemented on October 7, 2023.
You must file your response by the deadline. You can calculate the three-month deadline from the “issue date” in the office action.
Your application will be abandoned if you don’t respond to your office action or request an extension on or before the three-month deadline. This means we will no longer process your applicatio
About ERIC WACHSPRESS
The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void.
I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
