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NOTE: For tips on how to use this form most
effectively, click here. Or
click HELP for any underlined word in the below for additional information.
Use this form specifically to:
- respond timely to an Office
action issued by a Law Office examining attorney on
any type of file.
Do NOT use this form to respond to any actions mailed after the mark is published
and/or registered, because the Intent-to-Use (ITU) and Post-Registration units issue those actions, respectively. To
access forms for filing a Statement of Use/Amendment to Allege Use and/or Request for Extension of Time to File a
Statement of Use, click here. A form for responding
to Post Registration office actions will be developed in the future.
-
pay an additional fee after a phone call from the Office, i.e., to enable an Examiner's Amendment.
WARNING: You must maintain an accurate correspondence address with the USPTO. All changes must be
made in writing or through the electronic Change
of Correspondence Address form.
WARNING: This form has a session time limit of 60 minutes. Your "session" began as
soon as you accessed this initial Form Wizard page. If you exceed the 60-minute time limit,
the form will not validate and you must begin the entire process again; you can,
however, extend the time limit. You should always try to have
all information required to complete the form prior to starting any session.
Required fields are indicated with an asterisk (*).
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STEP 1: Confirm that the USPTO database shows the "Current Status" of your application
to be one of the following (1) "A Non-final Action has been mailed (or e-mailed);" (2) a Priority Action
has been mailed (or e-mailed); or (3) an Examiner's Amendment/Priority Action has been
mailed (or e-mailed).
WARNING: You must
wait 48-72 hours after receipt of an e-mailed action for the database to update to the
proper status before attempting to use this form.
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STEP 2: Enter serial number or access saved form:
OR
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STEP 3: If this is a new response, answer each question below to
build a form appropriate to your application. You must answer each question carefully to ensure that
you will be responding to all refusals and/or requirements raised in the outstanding Office action
or any previous Office actions incorporated by reference (all Office actions are available
through Trademark Document Retrieval. Failure to respond completely to any
outstanding Office action may result in abandonment of your application.
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1. Do you want to present arguments related to a
substantive refusal(s)?
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NOTE: If you must submit a substitute specimen to overcome the refusal, answer
YES to this question (to enter the argument portion), but then use
Question #2, below, to attach the actual specimen image file.
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3. Do you want to make any
additional
statement(s) of record to address a requirement, e.g., a disclaimer or
claim of a prior registration?
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4. Do you want to modify your mark? (i.e., either
change
the mark itself or submit
a better quality image)
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NOTE: While minor changes in the mark are sometimes permitted, any
material alteration
will NOT be permitted and will result in a refusal being issued on that ground.
If submitting a new mark image, it MUST be in the JPG format (only attachments in other
portions of the form (e.g., specimens, evidence) can be in the PDF format).
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9. Do you need to submit a
Signed Declaration? (i.e., either
to verify an application originally submitted
UNSIGNED, or to support a
specific item in
the response, designated on the form with a "#" symbol, e.g.,
new specimen.)
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STEP 4: If you have reviewed the Office action to confirm that your answers to the above
questions properly correspond to all issues raised in the Office action, click on the NEXT
button; or to start over, click on the CLEAR button.
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