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● Refused, response due

Your trademark was refused. You may still have a path forward.

Send your USPTO serial number—no Office Action upload required. A U.S. trademark attorney will confirm the public record and email the issue, deadline, whether the firm handles this type of matter, and a defined scope with the exact flat fee.

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Free
Preliminary assessment
Flat fee
Quoted before you pay
GA & CA
Licensed attorney
Hadar Swerdlow, trademark attorney
Hadar SwerdlowAttorney · GA 253858 · CA 289690
Free preliminary assessment Flat quote before payment Licensed attorney No guarantee Not affiliated with USPTO
Most nonfinal and final USPTO Office Actions require a response within three months. A paid three-month extension may be available for many non-Madrid applications if requested before the deadline. Source: U.S. Patent and Trademark Office (USPTO), Responding to Office Actions. Madrid Section 66(a) applications generally have a six-month response period without the extension option.

How it works

Four steps, preliminary assessment first.

Start with your serial number. Nothing is charged until you approve a written flat-fee quote.

1

Send your serial number

We locate the Office Action and your response deadline from public USPTO records. No upload required.

2

Get a preliminary assessment

Hadar confirms the public issue and deadline and whether the firm handles this type of matter.

3

Review the exact offer

You receive a defined scope and exact flat fee before you pay. If you proceed, you sign the engagement first.

4

Legal work begins

After conflicts clear and the signed engagement is effective, a licensed attorney provides case-specific advice and performs the agreed work.

Refusal types

Refusals we review.

We review any pro se USPTO trademark Office Action. These are the most common grounds, each has its own path.

2(d)

Likelihood of confusion

Refused over a prior registered mark. The argument turns on the marks, goods/services, and trade channels.

2(e)(1)

Merely descriptive

Paths include arguing distinctiveness, a Section 2(f) claim, the Supplemental Register, or narrowing goods/services.

Specimen

Specimen refusal

The submitted specimen didn't show proper trademark use. Often fixable with the right evidence or substitute.

Disclaimer

Disclaimer requirement

The examiner requires a disclaimer of an unregistrable portion of the mark. Usually a straightforward response.

ID

Goods/services identification

The identification of goods or services needs amendment or clarification to meet USPTO requirements.

Final

Final Office Action

A final refusal narrows the options, reconsideration, appeal, or amendment. Higher stakes, quoted individually.

Foreign

Foreign applicant / U.S. counsel

USPTO requires foreign-domiciled applicants to appoint a U.S.-licensed attorney for trademark submissions.

Pricing

Free preliminary assessment. Exact quote before you pay.

Most Office Action responses fall between $750 and $2,950, depending on the refusal, deadline, evidence needed, and whether the Office Action is final. Simple procedural responses may be less. Complex final refusals, appeals, consent agreements, or urgent filings are quoted separately. Government fees are not included.

The preliminary assessment confirms whether the firm handles this type of matter and gives you a defined scope and exact fee. Any case-specific recommendation about whether responding is worth the cost comes only after conflicts clear and a written engagement is effective.

Preliminary public-record assessment$0
Simple procedural response$450–$750
Disclaimer / ID amendment / minor formality$500–$850
Specimen refusal$750–$1,250
Single substantive refusal: 2(d) or 2(e)$1,350–$1,950
Multiple refusal grounds$1,950–$2,950
Final Office Action / reconsiderationCustom, $2,500+
TTAB appeal / consent agreementCustom only
Rush, due in 8–14 days+$500
Rush, due in 3–7 days+$750–$1,250
Public ranges, not fixed packages. Your preliminary assessment includes a defined scope and exact flat fee in writing. Government filing fees are not included.

Why assess the public record first

Why not a form response?

Some Office Actions are procedural. Others require legal argument and evidence. A substantive refusal should respond to the examiner's actual reasoning: the cited registration, the goods/services, the commercial impression, the specimen, or the record evidence. The preliminary public-record assessment identifies the issue and deadline so the firm can define the right service scope and exact fee.

The fee depends on the refusal. A simple procedural issue should not cost what a substantive 2(d) refusal costs, and a complex refusal should not be handled like a formality. The preliminary assessment confirms the public-record service lane; it does not provide individualized strategy or tell you which legal path to take before conflict clearance and a signed engagement.

Sample preliminary assessment

What the free assessment looks like.

Sample preliminary-assessment excerptIllustrative
"The public USPTO record identifies a Section 2(d) likelihood-of-confusion refusal based on Reg. No. X. The Office Action issued on [date], and the public record shows a response deadline of [date]. This type of matter is within the firm's practice. Proposed scope: one response to the stated 2(d) refusal. Exact flat fee: $1,650; government fees, if any, are separate."

The complimentary assessment is limited to public-record facts, firm fit, scope, and fee. Individualized strategy and recommendations begin only after conflicts clear and a written engagement is signed and effective.

Free public-record assessment

Get your free preliminary assessment.

Serial number first, no upload needed. A licensed attorney confirms the public record and emails the issue, deadline, firm fit, defined scope, and exact fee. If you already emailed the serial number, do not submit this form again.

  • ✓ A named attorney confirms the public USPTO record
  • ✓ Preliminary issue, deadline, firm fit, scope, and exact fee
  • ✓ No obligation, no payment to find out
This is a private law firm, not the USPTO. Submitting this form does not create an attorney-client relationship. Individualized advice begins only after conflicts clear and a signed engagement is effective. We identify applications from public USPTO records; you may respond yourself or hire any licensed U.S. attorney.

Free preliminary assessment · Exact quote before payment · Not affiliated with the USPTO.

The attorney

About Hadar.

Hadar Swerdlow is a U.S. attorney admitted in Georgia and California. Her federal trademark practice includes Office Action responses before the USPTO.

Hadar Swerdlow, Attorney at Law GA Bar No. 253858 CA Bar No. 289690

FAQ

Frequently asked.

How long do I have to respond?
Most nonfinal and final USPTO Office Actions require a response within three months of the issue date. Madrid Section 66(a) applications generally have six months. Always confirm your exact deadline on the official record at tsdr.uspto.gov.
Can I get an extension?
For many non-Madrid applications, a single three-month extension may be requested before the deadline for a USPTO fee. Section 66(a) applications generally cannot use this extension. The preliminary assessment confirms the public timeline and whether the record indicates that the standard extension remains available; advice about whether to file it begins after engagement.
Can you guarantee registration?
No. No attorney can guarantee that the USPTO will register your mark. The free preliminary assessment confirms public-record facts, firm fit, scope, and price. Individualized odds and strategy begin after engagement.
What does the free assessment include?
A licensed attorney confirms the public refusal type and deadline, whether the matter fits the practice, and a defined scope with the exact flat fee. There is no charge, no document-upload requirement, and no obligation. Individualized legal recommendations begin after engagement.
What does it cost?
The preliminary assessment is free. Most Office Action responses fall between $750 and $2,950 depending on the refusal, deadline, and evidence needed; simple procedural responses may be less, and final refusals or appeals are quoted separately. You approve a flat fee in writing before any paid work begins. Government fees are not included.
Do I need to upload the Office Action?
No. The serial number is enough because the Office Action is usually retrievable from public USPTO records. If the public record is missing a document, Hadar will ask for that one item by email.
Can I respond myself?
Yes. You may respond to the USPTO yourself, hire any licensed U.S. attorney, or do nothing. The preliminary assessment creates no obligation; a case-specific recommendation is available after engagement.
What if another attorney is listed?
The public USPTO record normally identifies any attorney of record, so you do not need to answer another intake question. If that record is outdated, tell us by email. We will not interfere with an existing representation and follow the professional-conduct rules governing contact with represented parties.
What if I am outside the U.S.?
The USPTO requires foreign-domiciled applicants to appoint a U.S.-licensed attorney for trademark submissions, including Madrid applicants once an Office Action or provisional refusal arises. The preliminary assessment can confirm the public requirement and proposed scope; individualized advice begins after engagement.
Does submitting the form make me a client?
No. Submitting the form or receiving the preliminary assessment does not create an attorney-client relationship. Representation begins only when the written engagement's stated acceptance conditions are complete.

Get your free assessment before the deadline passes.

Send your serial number and a U.S. trademark attorney will confirm the public record and email the issue, deadline, firm fit, defined scope, and exact flat fee—before you pay.

Get my free assessment