Sample Response to "Office Action Letter" | Vondran Legal Response to Office Action for Evusheld - uspto.report Response to Office Action: Everything You Need to Know Let's assume the after-final response did not place the application in condition for allowance and the examiner issues an Advisory Action on June 2nd. Response to Office Action for Greenworx - uspto.report For more information about Office Action responses, see: Anatomy of an Office Action response to likelihood of confusion under Section 2 (d) Anatomy of a trademark office action response to a descriptiveness refusal Office Action responses are a critical part of the trademark application process with the USPTO. The response has to be submitted for six months from the mailing date. You can also respond by fax or mail. Sep. 13, 2018. of Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. : 99/999,999 Group Art Unit: 3632 Filed: January xx, xxxx Examiner: Chan, Ko Hung For: RESPONSE TO OFFICE ACTION - 00000 AMENDMENT AND . Quick office action response in accordance with the USPTO guidelines We believe that the Patent grant and its maintenance is a dynamic process in which we need to remain updated about the status of our application. He has filed thousands of office action responses over his 19 years in private practice and obtained over 2,500 trademark registrations for his clients. What is an After-Final Response? - Patent Trademark Blog ... Some specific cases of shortened statutory periods for reply are given below. USPTO Office Action Response. . § 1052 (e) (1), based on the view that Applicant's mark is merely descriptive . Docket No. Response to Office Action The table below presents the data as entered. Registration Nos. On September 19, 2016, a pro-se inventor filed an Office Action Response that will go down in the annals of Patent Office history right up there with the . The Notice of Appeal and all subsequent legal briefs should be submitted . USPTO-GENERATED IMAGE YES: MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color. Get in touch with live chat to connect to an attorney for legal advice on how and if it is worth responding to the office action. How NOT to Respond to an Office Action. Former USPTO examiner Erik Pelton discusses important tips. The USPTO says that by sometime in 2019, it plans to speed up the average time it takes them to send a first response to patent applicants, by shortening the pendency period (the time from filing to a first Office Action) from the recent average of 16 months down to 10 months. The response to Office Action is the additional information you are asked to provide to the United States Patent and Trademark Office (USPTO) during the patent or trademark examination phase. In response to the Official Action dated April 8, 2021 Applicant submits the following. The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her . PTO- 1957: Approved for use through 11/30/2023. All issues that the trademark examiner raises in the Office Action must be addressed in a timely-filed response, or the examiner may decide to allow the . After about 3-4 months of applying for a Trademark it will be assigne. In most cases, you have three months to respond to the Office action without having to pay . Furthermore, proper and complete responses to all issues raised in an office action are crucial. After succeeding to respond to this Action with meeting all needed requirements, the application will be moved further . reply to an Office notice or action issued during examination (for example, an Office Action (Either Final or Non-Final) and Notice of Non-Compliant Amendment) or patent publication processing (for example, a Notice to File Corrected Application Papers issued by the Office of Data Management); iii. There is no USPTO fee for filing a response within two months of the final office action mailing date. However, filing a response after a final does not stay or extend any deadlines for filing a Notice of Appeal, a continuation or a continuation-in-part. The only way to challenge the scope or validity of a registered trademark is through a cancellation proceeding before the Trademark Trial and Appeal Board (the "TTAB"). Office actions include both rejections and objections. A trademark that is primarily merely a surname is only eligible for registration with the United States Patent and Trademark Office (USPTO) on the Supplemental Register, unless it has acquired distinctiveness or "secondary meaning" in the minds of the purchasing public. In your response, you have to address every objection raised by the examining attorney. This second refusal on the same grounds usually occurs when an USPTO trademark examining attorney remains unpersuaded after reviewing a response to the first Office Action where the refusal was introduced. The applicant must file a response addressing all rejections. Although both come from the USPTO, a trademark Office action signifies an issue with a trademark application and has nothing to do with patents. An examiner also has the authority to enter the reply, withdraw the finality of the last Office action, and issue a new Office action, which may be a non-final Office action, a final Office action (if appropriate), or an action closing prosecution on the merits in an otherwise allowable application under Ex parte Quayle, 25 USPQ 74, 1935 C.D . See the full event listing on the USPTO website for more information. When is an RCE unnecessary? But office action responses are where you will put your legal skills to work including: Analyzing the legal and technical merits of the examiner's grounds for rejection. Confirmation Number: 1715 Application No. § 1052 (e) (1), based on the view that Applicant's mark is merely descriptive of Applicant's services. If a reply is not filed within the period specified in the Office action, the application is technically abandoned by operation of Rule. This program permits additional time for Examiners to search and/or consider responses after a final Office Action and schedule an interview . TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201302051123413 72553-79104859-500b5b87eefe6b23d85ea0bcd TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2015100219595625 2275-86489863-540333592f94ee9726a336d83e In a trademark Office Action response, the USPTO is inviting you to offer clarification and/or . When an Office action is issued by the USPTO, the time period for filing a reply begins. This page focuses on office actions that trademark examining attorneys send during the application process. Office Action: an office action letter describes the legal status of the trademark application. : 88888-888 PATENT - 000000 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of Customer Number: 00000 Adams, Kirk et al. Responding to office actions The United States Patent and Trademark Office (USPTO) may issue several different types of office actions about your trademark application. This is in response to the Office action dated May 8, 2020 initially refusing registration of Applicant's mark under Section 2(d) of the Lanham Act, based on an alleged likelihood of confusion with the marks of U.S. In the Office Action, it is asserted that applicant's "recording discs" are related to registrant's "disc storage containers." Without admitting that these goods are related for likelihood of confusion purposes, applicant's identification of goods has been amended with this response to delete "recording discs." Specifically, an office action is a formal letter sent by the USPTO indicating that there is a problem with your application — or a legal issue with the mark itself — and gives you an opportunity to cure it. We respectfully request a reconsideration of the USPTO's refusal of the above-referenced trademark application. 5663308, can be found in TSDR here. [Writing Sample] USPTO Office Action Response by Bryan Johnson 1. 3. Significant USPTO extension fees may be required depending upon the timing of the RCE. Trademark filing document for Response to Office Action regarding GREENWORX registered by GreenLight Biosciences, Inc. Seven different alleged signatories were to personally enter their signatures. TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021062811441402 0968-90407307-78060d76b3d6da13bea3b3be65 Types of USPTO Office Action. The main difference between the two is that in non-final Office Actions arguments and claim amendments can be made without paying an additional government fee. Confirmation Number: 1715 Application No. Response to Office Action To the Commissioner for Trademarks: Application serial no. The best way to reply to an Office Action Notice is to utilize the Trademark Electronic Applications System or TEAS through the USPTO. The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her . USPTO . 3. In most cases, based on the type of office action, the USPTO gives a shortened time frame (i.e.,, 2 - 3 months) to file a response. The AFCP 2.0 is a USPTO pilot program that intends to reduce the number of RCE filings and enhance communication between the applicant and Examiner. EVIDENCE Evidence in the nature of Argument in Response to Office Action Dated November 21, 2011 and associated Exhibits A-D. has been attached. 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