Filing an appeal

Do you disagree with the examining attorney’s assessment of your application and still wish to fight for your trademark? If the refusal issued by the examiner was a second refusal or a final refusal, then you have the option to file an appeal with the Trademark Trial and Appeal Board if you so choose. An appeal must be filed and fees paid within six months from the date of the refusal. You will then have sixty days file an appeal brief. After doing so the examiner will then also have sixty days to file a response. It is important to note that during the appeal process the examiner may not raise any new refusals. After the examiner has issued his response you will have twenty days to respond. If at this point you are still refused and want to continue fighting, then a request for reconsideration may be filed. This must be done within one month. If success is not found here, then the only option is to proceed to federal court.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.