Trademark Applicants (and their Attorneys)-USPTO Clamps down on Procrastinators-3 Month Deadline Imposed on Responses to Office Actions

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


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