The Law Offices of Gene Bolmarcich Offers $500 Flat Fee To Respond To Substantive Trademark Office Actions
January 13, 2013 Business News(PRLEAP.COM) Gene Bolmarcich, Esq. operates TrademarksA2®, an online trademark registration service. For individuals who have filed their own trademark applications and have received a substantive office action, hiring an experienced trademark attorney for a low flat fee is the smart choice.
A Trademark Office Action Response is a legal filing in reply to a notice from the USPTO of some deficiency in your trademark application. Trademark office actions can be either "non-substantive" or "substantive". In the former case, issues such as unclear descriptions of goods and services are raised. They can often be dealt with by simply taking the advice of the Examining Attorney at the USPTO or even allowing her to make an amendment on your behalf. On the other hand, a substantive trademark office action is one which recites one of the many statutory grounds for refusal of a trademark. This type of trademark office action requires an experienced trademark attorney to be able to understand it and reply to it. This is in the form of a legal brief with proper arguments that seek to overturn the Examiner's position as set forth in the trademark office action.
The two most common issues raised in a substantive trademark office action response are descriptiveness and likelihood of confusion with a prior trademark. Examining Attorneys often err on the side of issuing an office action with the intention of allowing the applicant to present arguments against the Examiner's position. The applicant is often in a position to have better information and evidence with which to set the record clear. So, receiving an office action that looks scary, need not necessarily cause you alarm.
A good trademark attorney will have the expertise to be able to overcome trademark office action refusals and convince the USPTO that your trademark is indeed worthy of registration. Very few attorneys offer this service for a flat fee because of the vast differences in the amount of time required to file a proper response.