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Read the office action first, then respond through the USPTO's TEAS system within three months of the issue date, because missing the deadline abandons your application. The response is filed electronically, not mailed back, and the examining attorney cannot extend your deadline, so treat the clock as hard.
This is general information, not legal advice.
An office action is an official letter from a USPTO examining attorney listing the reasons your trademark cannot register as filed. It might cite a conflicting existing registration, ask for a clearer description of your goods or services, or request a disclaimer of a descriptive word. "Mailed" in USPTO terms usually means issued: most office actions arrive as an email notice directing you to the Trademark Status and Document Retrieval (TSDR) system, where the actual letter lives. The paper letter in your mailbox and the TSDR document are the same thing.
| Application type | Response period | Extension available? |
|---|---|---|
| Standard US application | Three months from the issue date | One additional three months, with a fee |
| Madrid Protocol (Section 66(a)) | Six months from the issue date | No extension allowed |
The three-month period is measured from the issue date printed in the heading of the email notice, not from the day you opened it. Since December 2022 this shorter clock applies to pre-registration office actions, replacing the older six-month norm. If you do not respond or extend within the period, the application is declared abandoned, the process ends, and your trademark fails to register. If the delay was unintentional, you may petition to revive the application, but revival is a rescue operation, not a plan.
The USPTO requires responses through TEAS, the Trademark Electronic Application System. Mailing a paper response back does not count. Your filing date is the date the USPTO receives your electronic transmission, with Eastern Time controlling: a response received by 11:59 p.m. ET gets that day's filing date. If the last day falls on a weekend or federal holiday, you may file by 11:59 p.m. ET on the next business day and it still counts as timely. Address every issue the examining attorney raised; a partial response that skips a refusal is treated as incomplete.
No. LetterAgent mails physical letters to US and Canadian addresses, and it cannot file anything with the USPTO, respond to an examining attorney, or act as your representative. The response has to go through TEAS, by you or by a licensed trademark attorney. If the office action cites a likelihood of confusion with an existing registration, or makes any substantive refusal, a trademark attorney is worth the call: arguing against a refusal is legal advocacy, and the stakes are your brand.
Open the TSDR record and read the full office action today, even if you plan to hire help. Note the issue date, count forward three months, and set two reminders: one a month out, one a week out. If you might need the extension, request it before the first three months run out; you cannot request it after. Then decide whether the issues are procedural (fixable yourself with a clearer description or a disclaimer) or substantive (call an attorney). Do not let the deadline drift while you decide.
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