On October 13, 2022, the USPTO issued a final ruling wherein it delayed effectuation of its rule shortening the period for responding to office actions for trademark registration applications filed under Lanham Act Sections 1 and 44 and for responding to post-registration office actions. Effectuation has been delayed until December 3, 2022, with respect to the period for responding to office actions for applications filed under Lanham Act Sections 1 and 44, and until October 7, 2023, with respect to the period for responding to post-registration office actions.
Effective December 3, 2022, responses to office actions for applications filed under Lanham Act Sections 1 and 44 will be due within three months of the date on which the office action was issued. And effective October 7, 2023, responses to post-registration office actions will be due within three months of the date on which the office action was issued. These periods will be extendable by three months upon a timely request and payment of the applicable fee ($225.00 for a paper filing and $125.00 for an electronic filing through TEAS).
This information is provided by Bailey & Company, Attorneys & Counselors, P.A. (“Bailey & Company”), solely for informational purposes. This information does not form, nor should it be construed to form, an attorney-client relationship, or any other fiduciary relationship, with Bailey & Company or any attorney, agent, or employee of Bailey & Company. For additional information about the topic of this article, contact Drew Bailey.