What is an Office Action from the USPTO?

One of the most discouraging events of filing for a Trademark is receiving an Office Action letters from the USPTO for refusal to register the trademark. This is also sometimes known as a “2(d) Refusal” for its refusal on the basis of the Trademark Act 2(d). While it is disheartening to receive an Office Action refusing to register your trademark, it often need not be the end of the story.

Determine the Cause for Refusal

When drafting the Office Action, the USPTO Examining Attorney is required to establish the legal basis and foundation for their refusal. Read your Office Action to determine the cause for the refusal. If the Office Action lists information that is incomplete to file the Trademark application, sometimes, all that is needed is for you, the Applicant, to make corrections to your application and fill in the missing basic information. However, sometimes Trademark Applications are rejected via an Office Action 2(d) refusal.

Responding to an Office Action 2d refusal can be more involved, and it is advisable to seek legal counsel. The most common basis for refusal is “likelihood of confusion” with another existing mark. This is generally based on the trademark names, or a similarity between the goods and services of the two trademarks.

While it is disheartening to receive an Office Action refusing to register your trademark, it often need not be the end of the story.

Respond to the Office Action with Legal Arguments and Mind the Deadlines

Filing a response to an Office Action is similar, in some ways, to filing a court appeal. A well-drafted response to the USPTO should include legal arguments that establish the reasons why your mark is unique and can coexist with other existing trademarks on the trademark Principal Register. The Response will also answer all of the Examining Attorney’s arguments. It is crucial to be mindful of the response deadline as failure to respond by the deadline results in the mark being labelled “abandoned” by the USPTO.

Although no one wants to receive an Office Action letter from the USPTO refusing registration of their trademark, there are options available to Applicants to make efforts to overcome the refusal. We can help at Behrends Legal today! Feel free to contact us. Our flat fees keep things simple for you!

We look forward to discussing your Office Action matter, and creating a plan uniquely tailored to you!  

P: 970-578-9455

E: rachel@behrendslegal.com

Differences Between Wills and Revocable Trusts

Although many legal documents can be used to distribute personal and real property assets when the time comes, some of the most common choices are to prepare a will, or a revocable trust. Moving forward in these matters can be emotionally challenging, but you have worked hard to build your estate over the course of your life, and creating an estate directive for your loved ones is one of the most loving things you can do. Your estate plan outlines your goals and wishes so your loved ones don’t have to guess, or go through probate court, or await the court directive.

What is the Difference Between a Will and a Revocable Trust?

            Wills are essentially a listing of personal assets with a directive regarding how the assets should be distributed, and is only effective at the time of death. This may seem similar to a trust initially, however, the Will must be filed with the local probate court, the beneficiaries of the will must pay the court fees to process the Will, and are subject to the timing of the court procedures. Further, the contents of the Will become part of the public record which is undesirable for many grantors who wish to maintain privacy.

            A Revocable Trust is created immediately, and can be added to, or changed during the life of the Grantor (the creator of the Trust). Some grantors prefer to use Trusts in order to provide directives for real property. Revocable Trusts are often preferred by grantors in order to retain privacy of their personal assets as the trust does not need to be processed by probate court. Trusts are administrated by a person of the Grantor’s choosing and designation. Sometimes an attorney will advise the drafting of a Will as part of the Revocable Trust. A Revocable Trust can also help the Grantor create a plan for future medical care if desired, as well.

There are many other benefits to preparing legal asset documents, and having a legal, documented estate plan is the best plan. It is important to create an estate plan that is personal to your situation and goals, with an attorney.

Reach out to Behrends Legal today to discuss your estate planning goals!

P: 970-578-9455

E: info@behrendslegal.com

3 Reasons Why A Trademark is Valuable to Your Business

  1. Convey your message.

Today, brands are known through easily recognizable logos and names by using combinations of colors, words, phrases, and images we are familiar with. This helps people quickly identify who is sharing the message, selling a product, or offering a service. Think about the logos you’ve come to recognize such as that little piece of fruit that identifies a brand of phones, laptops, and other devices. Or the strong green man on the bag of frozen peas, or the happy, dancing pitcher of sugary drink selling a refreshing, fun experience. Logos not only indicate the source of the product or service, but can also evoke emotions from past experience, or memories, that encourage continuous use. Your brand becomes a powerful messenger for the product you are promoting.

2. Your customers recognize quality through your brand.

Your logo and tradename should be consistently used in all your business online advertising, product packaging, and storefront signage. Consistently seeing your brand name and design helps customers associate the quality of your product or service with your brand name.

3. Trademarks are valuable in and of themselves.

Planning for global reach should be part of your modern business plan, no matter how small or humble your business beginnings. The age of the internet, and use of online markets such as Etsy,  Amazon, and others, make products and services available to customers around the world. As your business grows, your brand logo becomes valuable in and of itself as a symbol that customers will look to for consistent quality, and value. When business owners look at the potential for purchasing a business, part of the purchase should include paying value for the brand and logo that identifies the reputation and customer loyalty your business has built.

Put your Trademark protection plan in place by calling Behrends Legal today!



Make your own choices about what will happen to your property should something unexpected happen to you. Creating an estate plan is essential to ensure that you direct what happens to your care and your estate, rather than allowing the state to make determinations about your property in the absence of your own wealth plan.

Why We Don’t Recommend Drafting Your Own Will

There is nothing more stressful for family members than finding that a previously drafted will is not valid, and that the estate property transfer must be determined by the the Court. Some of the reasons wills are invalid include failure to validate properly, failure to meet current state legal requirements, and failure to include new property in the will.

We Help You Choose the Right Legal Instruments to Protect Your Legacy

Planning a personalized meeting with you helps ensure that we know what your needs are so we can help you achieve the goals you have in mind. Protecting your estate may include drafting a will, trust, health directive, and other tools to create a plan that aligns with your goals.

Call Behrends Legal today!



You have spent significant time building your business; don’t let the name and face of your business go unprotected by failing to register your trademark and tradename. Filing your company trademark with your state is a fairly simple process in most cases, whereas filing your trademark federally with the USPTO is more involved. We are here to make this part of your brand building easy for you. We file your trademark for you so can carry on with the business of running your company, and knowing your brand is protected!


More than ever before, tradenames and trademarks are your business identity in the global market. Your business name ensures that potential investors and clients are choosing a product of quality; your product! Choosing a tradename is thoughtful process that helps reflect your vision for the product/service, and your commitment to maintaining quality. We welcome international brands at Behrends Legal law firm, and we are excited to help you file a U.S. Trademark, or an International Trademark. Please reach out to us for more information on filing your international brand in the U.S and abroad.

You may be a U.S. based company seeking to file an international trademark in other countries. We are here to help you! The trademark filing process depends on which country you are filing in, and for many European countries, only one filing may be needed. Contact us to share your goals, and we’ll help you create a plan to file the Trademark registrations you need!