Office Action response service

Got a USPTO Office Action? Here’s What It Means and What to Do Next

An Office Action is the examiner’s list of what stands between your application and approval. We read it line by line, tell you which issues are simple fixes and which need an attorney, and prepare the response before your deadline.

  • From $399
  • Deadline tracked from day one
  • You approve before filing
OFFICE ACTION Requirement: disclaim “COFFEE” Refusal: likelihood of confusion Respond within 3 months Illustration of an Office Action with sample highlights

How much time do you have?

Enter the issue date printed on your Office Action.

Response due–Three months from issue
With one extension–Six months, if you extend in time
Decode your letter

What is the USPTO asking for?

Most Office Actions contain one or more of these. Pick the one in your letter to see what it means, how it’s usually fixed, and who should handle it.

What it means

The photo or screenshot you filed doesn’t show the mark used the way the USPTO requires, for example a mockup or an ad without a way to buy.

Usual fix

Submit a substitute specimen that was in use before the filing date, with a signed declaration.

Package

Basic Issues

Usually a procedural fix

More detail in our guide to what happens when a trademark is rejected, and on disclaimers and specimens.

Packages

Which response package do you need?

Priced by the kind of issue, not by the hour. Not sure which applies? Send us the letter and we’ll tell you before you pay.

Procedural

Basic Issues

$399service fee
  • Disclaimer requirements
  • Specimen refusals and substitute specimens
  • Requests for information and ownership details
  • Color claim and description fixes
  • Response prepared by a U.S. trademark case analyst
  • You review and sign before it’s filed
Start a Basic response
Procedural

Medium Issues

$649service fee
  • Unclear or overbroad goods and services
  • Amending the identification within the original scope
  • Classification problems and added classes
  • Requests for information about your business
  • Merely decorative (ornamental) refusals
  • Deadline tracking until the USPTO acts
Start a Medium response
Substantive refusal

Complex Refusal Case Prep

$849service fee
  • Plain-English review of the refusal and every cited mark
  • TSDR history of the cited registrations
  • Evidence gathering: how and where you and the cited owner use the marks
  • Preparation of the $125 extension if more time is needed
  • An organized, attorney-ready case file with your deadline
  • Procedural parts of the response once the approach is set

Likelihood-of-confusion, descriptiveness and similar refusals need legal argument. That argument must come from a licensed U.S. trademark attorney you choose. We don’t provide it or refer you to one.

Prepare my case file

Prices are Secure Mark USA service fees. USPTO fees, such as the $125 extension or $350 per added class, are separate and set by the USPTO.

How it works

What happens after you send us the letter?

  1. We read it in full

    A case analyst pulls your application from TSDR and lists every refusal and requirement in the letter.

  2. You get a plain-English plan

    Each issue is marked as a procedural fix or one that needs an attorney, with the deadline and what we need from you.

  3. We prepare the response

    We draft the amendments, statements or substitute specimen, and send them to you to review.

  4. You approve, it’s filed

    Once you sign off, the response is submitted and we watch TSDR until the examiner acts on it.

Too late?

Already missed the deadline?

An unanswered Office Action abandons the application. If the delay was unintentional, the USPTO lets you petition to revive it, usually within two months of the notice of abandonment. After that, the only way forward is a new application, and your original filing date is lost.

Questions

Office Action FAQ

Still unsure? Send us your letter and a case analyst will tell you which package fits.

What is a trademark Office Action?

It is a letter from the USPTO examining attorney reviewing your application. It lists refusals or requirements that must be resolved before the mark can be approved for publication. Some are paperwork fixes, such as a disclaimer or a clearer description of goods; others are substantive refusals that need legal argument.

How long do I have to respond?

For most U.S. applications, three months from the issue date. You can extend once by three more months for a $125 USPTO fee, filed before the first deadline. Applications that came in through the Madrid Protocol usually get six months with no extension.

What happens if I miss the deadline?

The application is abandoned. You can usually ask the USPTO to revive it with a petition filed within two months of the notice of abandonment, if the delay was unintentional, but that costs a USPTO fee and time. After that, the only route is a new application.

Which package do I need?

Send us the Office Action and we'll tell you. Disclaimer, specimen and ownership questions usually fit Basic Issues ($399). Changes to the description of goods or classes fit Medium Issues ($649). Likelihood of confusion and descriptiveness refusals fit Complex Refusal Case Prep ($849), where a licensed attorney you choose writes the legal argument.

Can you argue a likelihood-of-confusion refusal for me?

No. Secure Mark USA is a filing service, not a law firm. Arguing a substantive refusal is legal work for a licensed U.S. trademark attorney. Our Complex package prepares everything around that argument: the review, the evidence, the extension if needed, and an organized file for your attorney.

Are there USPTO fees for responding?

A response itself usually has no USPTO fee. Fees apply to some actions taken with it, such as the $125 extension or adding a class. Our package prices are service fees and do not include USPTO fees.

Don’t let the clock run out

Send us your Office Action today and get a plain-English plan.

Start my response

Secure Mark USA is a trademark filing service, not a law firm, and does not provide legal advice or employ attorneys. We do not argue substantive refusals; for likelihood-of-confusion, descriptiveness and other refusals that need legal argument, please consult a licensed U.S. trademark attorney. Response periods and USPTO fees were checked on November 5, 2026 and can change.