Filing a Request for Reconsideration is an option for trademark applicants that have a received a final office action. A Request for Reconsideration gives the applicant an opportunity to persuade the Examining Attorney to reverse their position by raising new issues or amending the trademark application to avoid the currently cited issues.
The evidence, arguments and information that should be submitted with a Request for Reconsideration depends on the facts of the case. For example, if an application was refused based on a 2(d) conflict and the conflicting application has recently expired, then the applicant would obviously want to submit evidence showing default of the competing trademark registration.
An applicant can also use Requests for Reconsideration to substantiate the evidentiary record for cases that are ripe for appeal to the TTAB. TTAB Trademark appeal cases are decided upon the evidence on record at the time of appeal, thus filing a request for reconsideration gives the applicant an opportunity to introduce more evidence in anticipation of an appeal. A Notice of Appeal can also be filed concurrently with a Request for Reconsideration, which puts the Examining Attorney on notice that the application will be appealed to the TTAB.
If you have received a final office action please contact us for a free phone consultation. We are experienced in office action response and we’re saved numerous applications that were previously refused.