USPTO procedure guide · Refusals
What happens when a trademark gets rejected?
A USPTO rejection is rarely the end. Most start as an Office Action you can answer. Here's the path from the first refusal to a final decision, what each option costs, and when it makes sense to start again with a new name.
By Bill, Business Growth Expert · Verified and checked on October 27, 2026
Short answer
When the USPTO rejects a trademark, it sends an Office Action explaining why. You have three months to respond, extendable once by three months for $125. Many issues, like unclear goods wording or a bad specimen, are fixed by amendment. If the examiner isn't persuaded, a final refusal follows. Then you can request reconsideration, appeal to the Trademark Trial and Appeal Board ($225 per class), or let the application lapse and refile. If you don't respond at all, the application is abandoned.
Why do trademarks get rejected?
| Type of refusal | What it means | Outlook |
|---|---|---|
| Procedural requirements | Unclear goods wording, wrong class, missing information, specimen problems | Usually fixable by amendment |
| Likelihood of confusion | Your mark is too close to an existing one for related goods | Hardest to overcome; needs legal argument |
| Merely descriptive | The mark describes the product or a feature of it | Sometimes argued, or moved to the Supplemental Register |
| Surname, geographic, generic | Other statutory grounds | Depends on the facts |
For the step-by-step response process, see our guide on how to respond to a USPTO Office Action. Descriptiveness refusals have their own guide: how merely descriptive refusals are handled.
What are your options after a final refusal?
Request reconsideration
Ask the examiner to look again, usually with new evidence or an amendment. No government fee.
Appeal to the TTAB
The Trademark Trial and Appeal Board reviews the refusal. $225 per class, and it involves written legal briefs.
Let it lapse and refile
Sometimes the cheapest route: a changed name or narrower goods in a new application.
You can file a request for reconsideration and an appeal at the same time, so the appeal deadline isn't lost while the examiner reconsiders. Arguments against a substantive refusal, and any TTAB appeal, are legal work for a licensed trademark attorney.
What if you missed the deadline?
The application is abandoned. If the deadline was missed unintentionally, you can usually petition to revive it within two months of the notice of abandonment, for a $250 fee, by filing the overdue response with the petition. After that, you generally need a new application and lose your original filing date. If the problem was a conflict with another mark, refiling the same name rarely helps. Run a fresh clearance search first. When you’re ready to file again, see what each filing package includes.
Starting over with a new name? Check it first.
Run a free trademark searchTrademark rejection questions
Can I reapply if my trademark is rejected?
Yes. You can file a new application at any time, but it is examined from scratch. If the refusal was about a conflicting mark, a new application for the same name and goods will likely meet the same refusal.
How long do I have to respond to a trademark rejection?
Three months from the Office Action date, with one optional three-month extension for $125.
How much does it cost to appeal a trademark refusal?
A TTAB appeal costs $225 per class in USPTO fees, plus the cost of preparing legal briefs.
Is a trademark rejection final?
Usually not at first. The first refusal is normally a non-final Office Action you can respond to. Even a final refusal can be reconsidered or appealed.
Do I get my USPTO fee back if my trademark is rejected?
No. USPTO filing fees pay for examination and are not refunded if the application is refused.
Related guides
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm. Arguments against substantive refusals and TTAB appeals require a licensed trademark attorney.
Sources
- USPTO: Responding to Office Actions, checked October 27, 2026
- 37 C.F.R. §2.6: Trademark fees (extension $125; TTAB appeal $225 per class)
- 37 C.F.R. §2.62 and §2.63: Response period; reexamination and final action
- 37 C.F.R. §2.66: Revival of abandoned applications
- USPTO: Trademark Trial and Appeal Board
Verified and checked on October 27, 2026.