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Does receiving an office action mean my trademark is denied?

Written by Jan Buza

Co-founder of Trama

No, receiving an office action does not mean your mark is outright denied. An office action is not a final refusal, but more of a notification that the examiner has identified issues that need to be resolved before your brand can proceed to registration. Applicants often successfully respond to an office action and ultimately proceed to registration without any extra issues, especially if the raised office action was administrative in nature.

In the US, approximately half of all trademark applications receive at least one office action. An office action is a normal part of the process, particularly for applications that involve substantive issues such as distinctiveness or likelihood of confusion.

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