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For businesses · OFFICE ACTION

You received an Office Action

An Office Action is the examining attorney’s position, not the end of your application. Most pre-registration Office Actions give you three months to respond, with a one-time three-month extension available for a fee. Section 66(a) Madrid applications generally get six months with no extension, and some other actions run to different periods. Your Office Action states the deadline that applies to you. Start by finding your refusal below.

The deadline. For most Section 1 and Section 44 applications, the response deadline is three months from the issue date, with one three-month extension available for a fee. Other actions can have different deadlines. Follow the deadline stated in your Office Action. Miss it and the application is abandoned; reviving it is possible but neither cheap nor certain.

Office Action deadline timeline for most Section 1 and Section 44 applications: response due in 3 months, one 3-month extension, then abandonment and a 2-month window to petition to revive

For most Section 1 and Section 44 applications, you have three months from the issue date to respond, with one three-month extension for a fee. Other actions can have different deadlines; follow the one stated in your Office Action. If no response is filed, the application is abandoned; a petition to revive is generally due within two months of the notice of abandonment.

Step 1 — Which refusal did you get?

It is printed at the top of the letter. You may have more than one.

Likelihood of confusionSection 2(d)
Merely descriptiveSection 2(e)(1) · page in drafting
Specimen refusedRule 2.56 · page in drafting
Disclaimer requiredSection 6 · page in drafting
Something elsepage in drafting

Step 2 — What it means

Likelihood of confusion · Section 2(d)

The examining attorney found a registered mark they think is too close to yours, on goods they think are related.

Start with the examining attorney’s evidence. It shows why the USPTO considers the marks similar, why it considers the goods or services related, and what the refusal is actually built on.

Read the full page on likelihood of confusion →

Step 3 — What the Board has done with it

In the Section 2(d) decisions coded in this library, similarity of the marks and relatedness of the goods or services are the factors most often identified as driving the result.

See the decisions →

Step 4 — Decide how to handle it

Handle it yourself

Read the examining attorney’s evidence, read the page on your refusal, and file through TEAS. Some requirements are straightforward to correct yourself. Substantive refusals may need evidence and legal argument. If you are domiciled outside the United States, you cannot respond yourself; the USPTO requires a U.S.-licensed attorney.

See the free tools

Have an attorney review it

An attorney reviews the refusal and tells you what it turns on, what evidence would move it, and whether it is worth fighting. Provided by Valet Law, PLLC.

Ask Valet Law to review it →

Keep the specifics of your situation out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.

Who checked this

Reviewed and approved by Brandon Leavitt on 2026-10-02.