how to address an examining attorney?

1. Address an attorney as "Mr." or "Ms." in most contexts. ...
2. Use the courtesy title "Esquire" when writing concerning a legal matter. ...
3. Try "Attorney at Law" as an alternative to "Esquire." If using the courtesy title "Esquire" feels stuffy to you, "Attorney at Law" also conveys the same level of honor ...
4. Add "JD" after an attorney's name in an academic setting. ...

Full Answer

How do you address an attorney?

For use of Esquire (Esq.)in the U.S. when addressing a lawyer or attorney see Esquire. How to Address a Lawyer in the United States. How to Address an Attorney in the United States. —-Envelope or address block on letter or email on a legal matter: ——–(Full Name), Esq. ——–Name of Firm. ——–(Address)

What is an examining attorney and what do they do?

In its appeal brief, Applicant failed to address or challenge the Examining Attorney s requirement for an acceptable identification of goods and services. Instead, Applicant solely argued against the Section 2(d) refusal on appeal. ... examining attorney s refusal of registration on those grounds. See In re Rainier Enters ., LLC, 2019 USPQ2d ...

How do you write attorney at law instead of Esquire?

The examining attorney will review your application to make sure it meets all the legal requirements and that your trademark is registrable. Find out more about common problems with trademark applications. As part of this review, we search our database of registered and pending trademarks to determine whether your trademark conflicts with any ...

What is an office action and an examining attorney?

Jan 20, 2022 · Clients must also be explicit in addressing their attorney directly in order to indicate that they are the only intended audience. To this end, a client should address all communications — written and spoken — to their attorney, by name. This acknowledgment is the first step towards preventing any unintended parties from intercepting.

What happens if an examining attorney approves a trademark?

If the examining attorney determines your application meets all the legal requirements for registration on the Principal Register and there are no substantive issues, such as no conflicting trademarks in our database, the examining attorney will approve your trademark for publication.

What is an examining attorney?

After you submit your initial application and fee, your application is assigned a serial number and a trademark examining attorney . The examining attorney will review your application to make sure it meets all the legal requirements and that your trademark is registrable.

What happens if you win an appeal?

If you win your appeal, the examining attorney will approve your trademark for publication. You may not always be able to fix a requirement or refusal. Find out more about responding to office actions. If only minor corrections are required, the examining attorney may email or call you.

What happens if you don't respond to the office action?

If your response does not correct all the problems, the examining attorney will send you a final office action.

What happens if a trademark isn't registrable?

If the examining attorney determines your trademark isn’t registrable, the examining attorney will issue an office action. This official letter explains why registration is being refused and includes any suggestions for fixing the application, if available.

What is the USPTO?

The United States Patent and Trademark Office (USPTO) may issue several different types of office actions about your trademark application. This page focuses on office actions that trademark examining attorneys send during the application process.

How to respond to an examining attorney?

Respond by phone or email. In certain office actions, such as a priority action or an examiner's amendment, an examining attorney may suggest that you call or email him or her to resolve minor legal problems with your application, such as clarifying your goods or services.

How long do you have to respond to a priority action?

You must respond to a priority action within six months from the date it issues. Priority actions are typically issued when an examining attorney believes the legal problems can be resolved in writing by the applicant once the problems are discussed by phone or email.

What happens if your response doesn't satisfy each legal problem?

If your response doesn’t satisfy each problem and doesn’t raise any new problems, you will be sent a final office action.

What is an examiner's amendment?

Examiner’s amendments are used to move your application toward registration faster. Priority action. A priority action confirms in writing a discussion you had with the examining attorney by phone or email about the legal problems with your application.

What is an office action?

An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may require ...

What happens when you receive a final office action?

When you receive a final office action, it’s your last opportunity to file a response during the application process. If your response satisfies each legal problem in the final office action, your application will proceed toward registration.

What is the likelihood of confusion?

Likelihood of confusion” is a specific term that means something different to trademark attorneys than the dictionary definitions of “likelihood” and “confusion.”. The term comes from the way that the USPTO and courts have interpreted Section 2 (d) of the Trademark Act.

What are the Dupont factors?

The 13 DuPont factors are: (1) The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression. (2) The similarity or dissimilarity and nature of the goods or services as described in an application or registration or in connection with which a prior mark is in use. ...

Why is my trademark application denied?

Don’t worry, receiving an Office Action does not mean that your application has been denied, rather that the USPTO needs more information or there were problems with your initial filing. There are many reasons that trademark applications are refused, but one of the most common is “likelihood of confusion.”.

Why do we need a trademark examining attorney?

Trademarks help consumers identify the source of the goods and services they purchase. Because of this, the USPTO examining attorney tries to make sure that a new trademark application won’t be confused with an existing trademark registration. When the examining attorney thinks the new application and existing registration may confuse ...