2022 Trademark Trends Part 2: Changes to USPTO Office Action Response Time

Each new year brings a wave of new trends and interests to every field, but this year we’re looking at smoother processes, faster application review times, and the expansion of trademark law to keep up with new technology. 

So, what can you expect from Trademark law in 2022? Keep reading to find out: 

Changes to USPTO Office Action Response Time

Another benefit of the Trademark Modernization Act is that the amount of time provided to applicants to respond to office actions will be shortened to three months. This will speed up the application process significantly. 

So, what is an office action?

When you file your trademark application you have to ensure that the mark you want to register meets certain requirements. At a very basic level, it must be used in commerce, and recognizable by consumers, and you must be the rightful owner of the trademark. 

After you file your application, it is reviewed by an examiner at the USPTO. This examiner will determine whether your trademark meets various requirements to qualify for registration. They want to know that your trademark, when associated with your goods and services, clearly portrays to consumers that the goods or services that you are selling belong to you or your company. 

If you file an application for a trademark and the mark itself  is your last name, is just a generic word that is not unique enough to show customers what brand is selling the goods or service, or has another issue that could disqualify it from becoming a registered trademark, it will likely not be eligible for registration. 

Before concluding that your mark is not eligible, the trademark office will issue a letter called an office action in which they clearly identify the issue and then give you an opportunity to respond. You have to respond to the office action within a certain period of time to keep your application active. 

In the past, the response deadline was within six months of your receipt of the office action. Six months is more than enough time to respond to an office action, especially if you hire an attorney to complete and submit your application for you. 

Shortening the response time to three months benefits the applicant, because they will find out if their trademark can be registered sooner. It will also benefit other people who are interested in the trademark, because if that mark is ineligible for registration under someone else’s company or brand, it will be available to others sooner if the application is denied. 

Trademark Trends in 2022 

While the majority of the interest for the average business owner is in the adjustments to the processes within the trademark office, there are going to be a number of changes in the area of law. To learn more about updates to the application process or how to get your trademark registered, schedule a 30 minute consulting call.