What to Do If Your Trademark Application Is Rejected: My Advice as a Trademark Attorney in Westminster, CA
I’m a trademark attorney based in Westminster, California. If you're reading this, there's a good chance your trademark application was rejected — or you're worried it might be. First of all, don’t panic. It happens more often than people think, and it doesn’t mean your business dream is over. I’m here to help you understand what went wrong, what your next steps should be, and how to move forward with confidence.
Let me walk you through what I tell my clients when this happens.
The First Time I Helped Someone With a Rejected Trademark
Years ago, a local small business owner came to me with a rejection letter from the United States Patent and Trademark Office (USPTO). She had started a homemade candle company and filed her trademark application on her own. She was so proud of her business, but when she got the letter saying her trademark was denied, she felt lost. She didn’t know what she did wrong — and she didn’t know what to do next.
That’s when she found me, and together we turned things around.
Step One: Read the Rejection Letter Carefully
When you receive a rejection, the USPTO will send what’s called an “Office Action.” This is a letter that explains why your trademark was refused.
Some reasons might be simple, like:
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You didn’t fill out the form correctly.
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You didn’t describe your goods or services clearly.
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You didn’t pay the right fee.
Other reasons can be more complex, such as:
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Your trademark is too similar to another one.
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Your trademark is too generic or descriptive.
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You used a name that belongs to someone else.
The first thing I always do is read the Office Action carefully. It’s important to understand exactly what the issue is. The letter might seem confusing at first, but once you break it down, it usually makes sense.
Step Two: Know the Type of Rejection
There are two main types of rejections: non-final and final.
A non-final Office Action means the USPTO is giving you a chance to fix the issue. This is common with first-time applications. You usually have six months to reply.
A final Office Action means this is your last chance to respond. If you don’t fix the issue, your application will be abandoned.
If you’re not sure which one you received, check the top of the letter. It will say “non-final” or “final.”
Step Three: Figure Out How to Respond
This is where things can get tricky. Every case is different, and how you respond depends on why your application was rejected.
Here are a few common reasons and what you can do:
1. Your Trademark is Too Similar to Another One
This is called a “likelihood of confusion” rejection. The USPTO thinks your trademark might confuse customers because it looks or sounds like an existing one.
What can you do? You can argue that your trademark is different enough or explain why your goods or services are not related. Sometimes we can show that both trademarks can exist peacefully.
2. Your Trademark is Too Descriptive
If your trademark describes what your product is — like “Sweet Cookies” for a cookie brand — the USPTO might say it’s too generic or descriptive.
You may be able to argue that the name has gained a “secondary meaning.” That means people already recognize your name as a brand, not just a description. You’ll need to show proof, like years of use or advertising.
3. You Made a Mistake in the Application
If it’s a simple issue, like forgetting to sign a form or describe your goods clearly, you can often fix it by submitting a correction. That’s the easiest kind of rejection to deal with.
Step Four: Respond the Right Way
Your response is called a “Response to Office Action.” It has to be submitted through the USPTO’s online system.
This response should:
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Clearly address every issue mentioned.
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Be written professionally and respectfully.
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Include evidence if needed, like sales records, ads, or examples of your product in the marketplace.
This is a critical step. If your response isn’t strong enough, your trademark may still be refused. That’s why many people choose to hire an attorney at this point (if they haven’t already). We know how to write these responses in a way that the USPTO understands and respects.
Step Five: What If the Rejection Stands?
If you respond and the USPTO still refuses your application, you can appeal to the Trademark Trial and Appeal Board (TTAB). This is a longer and more formal process. It’s not always worth the time and money, depending on your case, so it’s important to weigh your options.
Sometimes, it’s better to start fresh with a new trademark — one that has a better chance of being approved.
My Advice: Don’t Give Up
I’ve helped many clients turn a rejected application into a registered trademark. The key is to stay calm, learn from the experience, and respond carefully. It may feel like a big setback, but it’s really just a bump in the road.
If you’re in Westminster or anywhere in California and you need help, I’m here for you. I love working with entrepreneurs, small business owners, and creatives who are trying to protect what they’ve built.
You’ve worked hard on your brand. Don’t let a rejection stop you from getting the protection you deserve.
Final Thoughts
A trademark rejection is not the end of the line. It's just a part of the process sometimes. If you understand the reason behind the refusal, respond properly, and stay determined, you still have a strong chance of success.
And remember — you don’t have to go through it alone. Whether you need help understanding the letter or writing a strong response, a trademark attorney (like me!) can make a big difference.
Thanks for reading, and good luck with your trademark journey. If you have questions or need help, feel free to reach out. I’m always happy to chat.
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