Basic Issues
- 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
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.
Enter the issue date printed on your Office Action.
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.
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.
Submit a substitute specimen that was in use before the filing date, with a signed declaration.
Basic Issues
Usually a procedural fixPart of your mark, often a generic or descriptive word like “Coffee” or “LLC”, can’t be owned on its own, so the USPTO asks you to disclaim it.
Enter the standard disclaimer statement. The mark stays the same; you just don’t claim that word by itself.
Basic Issues
Usually a procedural fixThe description of what you sell is too broad or vague, or doesn’t match the class you chose.
Amend the wording within what you originally filed, or add a class with its fee.
Medium Issues
Usually a procedural fixThe examiner thinks the mark looks like decoration, such as a large slogan across a T-shirt, rather than a brand.
Show use as a brand, such as a neck label or hang tag, or change the filing basis.
Medium Issues
Usually a procedural fixThe examiner believes your mark is too close to an existing registration or application for related goods or services.
A legal argument on similarity of the marks and goods, sometimes with evidence or a consent agreement.
Complex Refusal Case Prep
Legal argument needed: a licensed attorney writes itThe mark describes a feature of the goods, or is a common name for them, so it can’t be registered on the Principal Register as filed.
A legal argument, evidence of acquired distinctiveness, or a move to the Supplemental Register.
Complex Refusal Case Prep
Legal argument needed: a licensed attorney writes itMore detail in our guide to what happens when a trademark is rejected, and on disclaimers and specimens.
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.
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 filePrices 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.
A case analyst pulls your application from TSDR and lists every refusal and requirement in the letter.
Each issue is marked as a procedural fix or one that needs an attorney, with the deadline and what we need from you.
We draft the amendments, statements or substitute specimen, and send them to you to review.
Once you sign off, the response is submitted and we watch TSDR until the examiner acts on it.
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.
Still unsure? Send us your letter and a case analyst will tell you which package fits.
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.
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.
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.
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.
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.
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.
Send us your Office Action today and get a plain-English plan.
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.