Got a Refusal? Get a Trademark Office Action Response That Works
An office action is the USPTO's letter explaining why your trademark can't register yet. You typically have three months to respond or the application is abandoned. Keough Law answers 2(d), 2(e), specimen, and identification refusals for applicants nationwide.
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A refusal isn't the end—a missed deadline is
Many office actions are routine: a clarified description, a disclaimer, or a new specimen. Substantive refusals—likelihood of confusion and descriptiveness—need real legal argument and evidence.
A weak response can lead to a final refusal, and a missed deadline abandons the application and the months you've already invested. If you haven't filed yet, our trademark registration process is designed to avoid refusals in the first place.
- Respond within 3 months of the issue date.
- One 3-month extension is available for a fee.
- Missed deadline = abandoned application.
- Final refusals can be reconsidered or appealed.
What the examiner is telling you
Each refusal has its own legal standard and its own set of responses.
Likelihood of confusion — §2(d)
The examiner believes your mark is too similar to a registered or earlier-filed mark for related goods or services.
Merely descriptive — §2(e)(1)
The examiner believes the mark simply describes a quality, feature, or purpose of your goods or services.
Specimen refusal
The specimen doesn’t show the mark used in commerce with the listed goods or services—or looks digitally altered.
Identification & disclaimers
The goods or services description is indefinite, in the wrong class, or a descriptive word needs a disclaimer.
Argue, amend, or both
The strongest responses combine legal argument with evidence and, where it makes sense, a strategic amendment that removes the conflict without giving up the coverage you need.
“Registration refused”
- "Marks are similar in sound and meaning"
- "Goods are related"
- "The term describes the services"
- "Specimen is unacceptable"
Evidence and argument
- Differences in commercial impression
- Third-party registrations of shared terms
- Suggestive, not descriptive—or §2(f)
- Narrowed IDs or a consent agreement
Don't let the clock run out
Send us the office action and your deadline. We'll review it and tell you whether it's routine or needs a full legal response. Prior results do not guarantee a similar outcome.
“Our self-filed application got a likelihood-of-confusion refusal. Shaun took it over, filed a response, and the mark was approved for publication.”
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Office Action Client
From refusal to approval
Diagnose
We read the office action, pull the cited registrations and evidence, and identify which refusals are serious and which are routine.
Recommend
You get a clear recommendation—argue, amend, or narrow—with an estimate before any billable research begins.
Respond
We draft and file the response with legal argument and evidence: marketplace differences, third-party registrations, or amendments.
Follow through
If the examiner issues a final refusal, we evaluate a request for reconsideration or an appeal to the TTAB.
Estimate first, then authorize
Responses that require legal research and writing are billed at $350 per hour, only after you approve an estimate. Routine examiner correspondence is included in our Trademark Filing Package for applications we file.
Your free initial consultation is general only—a chance for us to understand your situation and whether it's a matter we can take on.
Ready if it goes further
You work directly with Shaun Keough. If a refusal becomes final, we can take the case to the Board through our TTAB practice, and we handle the rest of your trademark needs from clearance to enforcement.
Office action questions
How long do I have to respond to a trademark office action?
For most applications, you have three months from the issue date to respond, and you can request one three-month extension for a fee. If you miss the deadline, the application is abandoned. A petition to revive may be available within two months of the notice of abandonment if the delay was unintentional.
Can I overcome a 2(d) likelihood of confusion refusal?
Often, yes. Responses can argue differences in the marks’ appearance, sound, meaning, and commercial impression; differences in the goods and trade channels; and the weakness of shared terms shown by third-party registrations. Narrowing the identification of goods or obtaining a consent agreement from the cited owner can also resolve the refusal.
What can I do about a descriptiveness refusal?
You can argue the mark is suggestive rather than descriptive, amend to the Supplemental Register if the mark is in use, or claim acquired distinctiveness under Section 2(f) if you have substantial exclusive use—five years of continuous use can support that claim, depending on the evidence.
How much does an office action response cost?
Routine issues—such as a minor identification or disclaimer requirement—are handled as part of our Trademark Filing Package for applications we filed. Responses that require legal research and written argument are billed at $350 per hour, only after you authorize the work. We give you an estimate first.
I filed my own trademark application. Can you still help?
Yes. We regularly take over self-filed and filing-service applications after an office action issues. We’ll file an appearance, review the record, and tell you whether the application is worth saving or whether a new filing is the better path.
Ready to protect
what you've built?
Schedule a free initial consultation. We'll learn about your situation and whether it's a matter we can take on.