USPTO Shortens Response Deadlines for Trademark Office Actions Issued on or after December 3, 2022December 5, 2022
The United States Patent and Trademark Office (USPTO) is shortening the response deadline for Office actions issued during trademark application examination. Applicants will have only three months to respond to some Office actions issued on or after December 3, 2022. An optional, single three-month extension (for a total of six months from the Office action issue date) must be requested before the initial three-month period expires and before any response is filed and be submitted along with a fee (currently $125).
- Shortened three-month period does not apply to Office actions issued on or before December 2, 2022. Those deadlines remain unchanged.
- Applications filed under section 66(a), i.e. those based on an international registration seeking an extension of protection into the United States, will continue to have a six month response period with no extension of time available.
By shortening the response time, the USPTO intends to decrease the time it takes to obtain a registration while providing additional time to respond when needed. Detailed information on the response process, the rationale behind the change, and links to the final rule can be found on the USPTO’s website.
A similar shortening of the response periods will go into effect for post-registration actions on October 7, 2023.
If you have questions about how this change might affect your trademark applications and registrations or future trademark applications and registrations, please contact Tiffany Gehrke or your Marshall Gerstein contact.
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 “Responses” are broader than just Office action responses and also include requests for reconsideration and notices of appeal. Therefore, any extension, if desired, would also be filed before filing a request for reconsideration or notice of appeal.