Legal Alert: USPTO Updates Deadline to Respond to Trademark Office Actions


The United States Patent and Trademark Office (USPTO) has updated the deadline to respond to Office Actions for trademark applications. As of December 3, 2022, trademark applicants now have three months (instead of the previous six months) to respond to Office Actions issued during the examination of trademark applications. This change applies only to Office Actions issued on or after December 3, 2022.

The new response period applies to the following application filing bases:

  • Use in commerce ( 1(a))
  • Intent to use ( 1(b))
  • Foreign applications (§ 44(e) and 44(d))

It does not apply to:

  • Applications under the Madrid Protocol ( 66(a))

The new response period will not be implemented for post-registration Office Actions until October 7, 2023.

Applicants who require additional time to respond may request a single three-month extension for a $125 fee. A Request for Extension of Time to File a Response may be filed only if the applicant has not already filed a response. The USPTO must receive the request on or before the initial deadline to respond.

Read the full examination guide here.

For more information, please contact Cindy Walden or your Fish attorney.