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A response tailored to your use evidence

Nonfinal Statement of Use Office Action

After a Statement of Use is filed, the USPTO may identify a problem with the specimen, dates of use, goods or services, or another requirement. A nonfinal Office Action explains what must be addressed before the application can proceed.

Monday–Friday, 8:00 AM–5:00 PM Pacific Time

Review the filing and the objection

We compare the Office Action with the Statement of Use, specimen, and application record. The response depends on the exact concern; a specimen issue may call for different evidence than a correction to application information.

  • The examiner's stated objection and deadline
  • The specimen and how the mark is actually used
  • Dates of use and the goods or services at issue

Build a response around the record

We explain the proposed path and quote for the work involved. If a substitute specimen or additional statement is appropriate, it must satisfy the relevant USPTO requirements and be supported by the real facts of use. We do not create or alter evidence of use.

What to send first

Provide the USPTO serial number, notice issue date, and a brief description of the concern. We can then discuss the record and what additional material might be needed through an appropriate channel.

Questions about this service

Is this the same as filing the Statement of Use?

No. This service concerns a response to an examiner's nonfinal letter after a Statement of Use has already been filed.

Will a new specimen always fix the issue?

No. The examiner's objection and the facts of actual use determine what options may be available.

For general process information, see the USPTO forms for responses based on a Statement of Use. Your application record and notice control your deadlines.