What is a Substantive Office Action Refusal, and How to Overcome It

Understanding What is a Substantive Office Action Refusal, and How to Overcome It The process of applying for a US trademark registration can be frustrating and paved with potential setbacks at every phase of the process. One such potential setback is receiving a non-final or preliminary refusal, known as an Office Action. When filing for a trademark registration with the United States Patent and Trademark Office (USPTO), receiving an Office Action can be both frustrating and intimidating. Non-lawyers who file by themselves or via a " do it yourself" website are more likely than not to encounter an Office Action refusal. For many, that is the end of the process, as they discover that their cheap "do it yourself" service does not (and indeed cannot) help them with the Office Action, and most people simply do not understand what the Office Action is, what they nee to do, nor that there is a strict 3 month timeline to respond. While Office Actions can be difficult to overcome, very often a well-drafted response can achieve just that, a reconsideration of the refusal, and approval of the application to the next phase. This article will help to give an introduction to substantive Office Actions, and the way in which to approach a response.