Wednesday, October 6, 2010

Did you know? USPTO status "Non-Final Action - Mailed"

What does "Non-Final Action -  Mailed" mean?
A Non-Final Office Action is a Letter prepared by an Examining Attorney of the United States Trademark Office after reviewing the application for the first time. A time limit to respond to the Office Action is usually within 6 months from the mailing date noted on the Office Action unless otherwise mentioned.

In other words, The United States Patent and Trademark Office cannot at this time register the trademark application. [Please note, this is not a an outright rejection] They are requesting further information, evidence and/or proof in order to move forward with the trademark registration process. 

Popular Misconception:
  1.  "This isn't a big deal..." Yes it is! Look below!!
Is this Status update important, do I have to follow up with anything?
Yes, this status update is VERY important. If you do not respond to the USPTO within the 6 month deadline period, your trademark application will become abandoned!

Why Trademarks Go Abandoned because of an Office Action Letter:

  1. Top Reason They simply miss the letter...unfortunately the USPTO doesn't send you friendly reminders :(
  2. The trademark applicant does not know what an Office Action Letter is...or what to do with it. So they let the trademark application go expired.  
  3. A trademark applicant reads the letter, gets confused by the legal formalities, and think the USPTO rejected their application, so they do not bother to even try responding to the letter.
If this happens to you, please consult an expert trademark attorney to assist you!

Click here, to go back to the menu and find other explanations of common USPTO status's.
Read the latest Trademarkia Blog Posts here:

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