How Much Does a Trademark Office Action Response Cost?
By Nuzayra Haque-Shah, Esq., California-licensed intellectual property attorney, NH Legal P.C. Updated November 2026. This is general information, not legal advice for your situation.
Short answer: at NH Legal, a non-substantive office action response is $1,299 flat. A substantive response (a legal refusal, like likelihood of confusion) is quoted by the attorney after she reads the refusal, because the work depends on what the examiner raised.
Which kind of office action did you get?
- Non-substantive (procedural): the examiner wants a fix: clearer wording for your goods and services, a new specimen, a disclaimer, or a missing detail. Flat fee: $1,299 per response.
- Substantive: the examiner refuses registration on legal grounds, most often likelihood of confusion with an existing mark (Section 2(d)) or the mark being merely descriptive (Section 2(e)). Quoted per matter.
The deadline matters more than the price
You generally have three months from the issue date to respond, and you can buy one three-month extension from the USPTO. Miss it and the application is abandoned and the filing fee is gone. Confirm your exact deadline on the office action itself or in TSDR.
What we need from you
- The office action (or your serial number)
- How and where you use the mark today
- Any other names or marks the examiner cited
No attorney can guarantee the USPTO will accept a response. What a strong response does is answer every point the examiner raised, with evidence, before the deadline.
Read more: office action responses, trademark attorney cost, how long a trademark takes.
Quick answers
How much does it cost to respond to a trademark office action?
At NH Legal, a non-substantive (procedural) office action response is $1,299 flat per response. A substantive response, such as a likelihood-of-confusion or descriptiveness refusal, is quoted by the attorney after reviewing the refusal.
What is the difference between a substantive and non-substantive office action?
A non-substantive office action asks you to fix paperwork: the description of goods and services, a specimen, a disclaimer, or a missing detail. A substantive office action refuses registration on legal grounds and needs a written legal argument.
How long do I have to respond to a USPTO office action?
Generally three months from the issue date, with one three-month extension available for a USPTO fee. Check the deadline printed on your office action. A missed deadline abandons the application.
Is the office action response included in a trademark package?
Our StartUp Trademark Package ($3,999 flat plus USPTO fees) includes every non-substantive office action response. Substantive responses are quoted separately.
Next step: see every flat fee on our pricing page, or speak with our legal team about your mark.
Key facts and official sources
- Office action response deadline: three months, with a possible three-month extension (USPTO, effective December 3, 2022).
- USPTO: “Although USPTO trademark examining attorneys can provide information about the federal registration process, USPTO employees cannot give you legal advice.”
- Petition to revive an abandoned application: $250 USPTO fee.
Sources: USPTO, New deadlines to respond to office actions; USPTO, Hiring a U.S.-licensed attorney; USPTO, Summary of 2025 trademark fee changes. Government fees change; check the source before filing. This page is general information, not legal advice.