How much time do I have to respond to a trademark specimen refusal?

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Written by Tomas Orsula

Senior Trademark Attorney

Similar to any other type of office action in the US, you have 3 months to respond. An additional 3-month extension is possible but not guaranteed.

Not responding in time may lead to you losing your trademark and all previously paid fees. The refusal will detail the reasoning behind the decision and options to overcome it. These will most likely include submitting a substitute specimen and a statement that it has been in actual use in commerce prior to the relevant deadline.

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