Trademark Application is Stuck or Rejected? Here’s Why It’s Happening and What to do Next

Your trademark application is stuck or rejected, it feels like it’s been sitting in limbo, or worse, you opened your mail/email to a USPTO “Office Action” that reads like a rejection. Firstly, you’re not alone; this happens to a lot of legitimate businesses. The confusing part is that the USPTO doesn’t send these letters because they’re “against” you; they send them because, in the examiner’s view, something about your application doesn’t meet the registration rules.

What matters now is understanding why it’s happening and taking the next step the right way, before your deadline hits. At Tucker Law, our firm handles situations like this all the time, and it’s always best to have a professional on your side to help you not only understand where everything might have gone wrong, but also to help you move forward with it the proper way.

Why your trademark application is “stuck.”

There can be more than one reason why you believe your trademark application is “stuck,” but here are the most common reasons that you can check for.

1. You’re still waiting for the USPTO to review it
   Early on, nothing may be “wrong” at all. There’s often a delay between filing and the first substantive review by an examining attorney. The USPTO publishes current examination timing so applicants can see where things stand.
2. The USPTO sent an Office Action, and your application is paused
   Once an Office Action is issued, the USPTO is basically saying: “We can’t approve this yet until you fix or address these issues.” The application won’t move forward until a proper response is filed.
3. Your application is suspended
   Sometimes the USPTO puts your application on hold while another application or registration is resolved. It’s not a denial—it’s a wait.

The best next steps to do if you believe it might be one of these 3 options is to, check your status in the USPTO’s TSDR system so you’re looking at the official file, not a third-party tracker. If the application is paused, you can open the Office Action inside TSDR, read the refusal grounds, and note the response deadline. Lastly, if it seems to be a suspension, look for the suspension language in TSDR and the reason for it.

Why your trademark application is getting “rejected.” 

The most common reasons for your trademark application to be getting ” rejected” are usually about an office action refusal, and it’s likely due to confusion. (Section 2(d)) is the #1 main reason many applicants get refused. The examiner thinks your mark is too similar to an existing mark, and that consumers might think the two brands are connected. The legal basis is Section 2(d), which allows refusal when there’s a likelihood of confusion with a prior mark.

Why does it happen:

• Your name sounds similar, even if it’s spelled differently
• Your logo/wording creates a similar “overall impression.”
• Your goods/services are listed broadly and overlap with the other brand’s category

The simplest way to fix this is to do the following:

• Tighten or clarify your goods/services (sometimes the way it’s written creates the conflict)
• Build a focused argument showing differences in how the marks look/sound/mean and how the products are actually sold
• In some cases, explore coexistence strategies (but these need to be drafted carefully—done wrong, they can hurt you)

Another reason your application is getting rejected could be because of (section 2(e)(1)). This type of refusal is due to being “merely descriptive,” meaning the examiner thinks your name describes what you sell rather than identifying you as the source.

Why does it happen:

• Your mark uses common industry terms
• The name directly describes a feature, purpose, ingredient, or result
• The examiner believes competitors need to use those words too

What to do next:

• Argue that the mark is suggestive – it requires imagination to connect it to the product
• Provide evidence that the wording isn’t commonly used the way the examiner claims
• Consider alternate paths like the Supplemental Register in the right case, or acquired distinctiveness if you have strong proof consumers associate the mark with you

The last two most common reasons are due to technical problems. This means it was due to specimens, wording, disclaimers, or ownership. These refusals are less dramatic but still stop your application cold. This happens for a few reasons: either the specimens don’t show real trademark use or don’t match the goods/service, your description was too vague, or the owner name/entity doesn’t match your business structure. In this case, it is very normal because disclaimers are commonly misunderstood. A disclaimer usually means you can’t claim exclusive rights to a particular descriptive part by itself, but you can still potentially register the full mark.

A key tip to keep: Don’t miss the deadlines!

Deadlines are extremely important, and if you want to take this seriously, do not be messy and miss any of the deadlines. Everyone knows life happens, but that will not be an acceptable excuse when it comes down to it.  Ensure that you are reading the mail or email that you’ve received fully; most Office Actions require a response within three months, and a one-time extension of three additional months is often available for a fee. If you miss the deadline, the application can be abandoned. If that happens, there may be a way to revive it, but there are strict timing rules and extra steps.

Why calling our firm is a smart next step:

A lot of people try to respond quickly just to “get something filed.” That’s when a lot of mistakes happen. For instance, arguing the wrong issue, submitting the wrong specimen, or making admissions that weaken the mark long-term.

If your refusal involves likelihood of confusion (2(d)) or descriptiveness (2(e)(1)), the response is not just paperwork; it’s legal positioning that affects how strong your trademark will be if it registers.

Our firm can tell you:

• Why the USPTO flagged your application, in plain English
• whether the refusal is truly beatable or whether a pivot saves money
• what evidence helps (and what “evidence” actually makes things worse)
• What response strategy gives you the best chance of approval

If your trademark application is stuck or you received an Office Action, call Tucker Law at 1-800-TUCKERWINS. Our firm helps you figure out why it happened and what to do next, before your deadline closes the door.

This article is general information, not legal advice for your specific situation.