01/09/2023

New Trademark Response Deadlines For USPTO Office Actions

Beginning December 3, 2022, the USPTO changed the standard deadline to respond to Office Actions issued against a trademark application. With this change, the USPTO hopes to decrease the time it takes to obtain a registration. The new rule will change the existing 6 month period to respond to an Office Action to 3 months (starting from the issue date of the Office Action). As part of this change, there will be an option to extend that deadline an additional 3 months, for a total of 6 months. Failure to file a response or an extension request by the three-month deadline will result in abandonment of the application.

Please note that this shortened response period will not apply to post-registration Office Actions until October 2023 and will not change the six month deadline under the Madrid Protocol (Section 66(a) cases).