Change of practice in the US

Supreme Court of United States
Ip world
PubliƩ le 2 January 2023

The United States Office (USPTO) has just introduced a new rule which, as of December 3, 2022, limits the time limit for responding to an objection from the Office to three months (instead of the current six months).


It will be possible to request a three-month extension subject to the payment of additional fees. It concerns administrative objections issued during the examination of the mark as well as administrative objections after registration (for example, an objection to the declaration of use).

For the latter category, this change will not come into effect until October 2023.


This applies to US national applications, but not to international marks designating the United States through the Madrid Protocol. This is a substantial change in USPTO trademark practice, reducing the time domestic trademark applicants have to respond to an objection, while giving foreign applicants an advantage of some sort by through WIPO.


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