Authored By Haviland Macy Marie Kebler, Esq. & Samantha Pendley
On December 03, 2022, the United States Patent and Trademark Office (“USPTO”) shortened the time period for Trademark Applicants to respond to Office Actions and updated its online forms to reflect this change. This rule change was instituted as part of the Trademark Modernization Act of 2020 (“TMA”). The USPTO previously allowed a six (6) month period for Applicants to prepare and file a Response; however, they have shortened that time period in half for all United States Applicants. Beginning December 03, 2022, Trademark Applicants receiving Office Actions will have three (3) months to respond or request an Extension that would grant them an additional three (3) months to respond. The Extension Request, however, is not free and will incur $125.00 in USPTO Filing Fees. For Applications filed under the Madrid Protocol, the response period will remain at six (6) months. This statutory change was outlined in the TMA in response to the surge in Trademark Application filings in hopes it will decrease the time it takes to secure Trademark Registrations.