Office Action responses
Got an Office Action? Here is what it costs to answer it
An Office Action is a letter from the USPTO examiner raising a problem with your application. Most can be resolved. We respond for a flat fee, whether we filed the application or you did.
Flat fee
$750
attorney fee, office action response, routine (specimen, identification, disclaimer)
- Office Action response, substantive refusal (Section 2(d), 2(e)): $1,750
We review your Office Action at the consultation and tell you which fee applies before any work begins.
Routine issues
Many Office Actions ask for something specific: a better specimen of use, a narrower description of goods or services, or a disclaimer of a descriptive word. These are usually resolved with one well-prepared response, and they carry our routine flat fee.
Substantive refusals
A Section 2(d) refusal means the examiner believes your mark is likely to be confused with an existing one. A Section 2(e) refusal means the examiner considers the mark descriptive. Both call for legal argument and often evidence, such as how the marks differ in commercial impression or how the market actually uses the term. These carry the substantive flat fee.
How it works
- Send us the noticeBook a consultation and share the Office Action and your serial number.
- Review and quoteWe read the refusal, explain your options, and confirm the flat fee.
- ResponseWe draft and file the response, with evidence and argument where needed.
- Follow-throughWe track the examiner's reply and explain the next step.
Questions we hear often
How long do I have to respond to an Office Action?
For most applications the USPTO allows three months, and you can request one three-month extension for a USPTO fee. Missing the deadline abandons the application, so check the date on your notice as soon as it arrives.
What is the difference between a routine and a substantive Office Action?
Routine issues are procedural: a specimen that does not show the mark correctly, a description that needs narrowing, or a required disclaimer. Substantive refusals challenge registrability itself, most often likelihood of confusion under Section 2(d) or descriptiveness under Section 2(e).
Can you respond to an Office Action on an application someone else filed?
Yes. We review the file, explain your options, and quote the flat fee before taking over the response.
What happens if the refusal is not withdrawn?
The examiner may issue a final refusal. Options then include a request for reconsideration or an appeal to the Trademark Trial and Appeal Board. We explain the trade-offs and quote any further work before it starts.
Next step
Book a consultation
Pick a time that suits you. We will talk through your mark, answer your questions, and tell you the flat fee before any work begins.