[E-trademarks] New Trademark Practitioner - USPTO Office Action Help

Lauren A. Malone Esq. Lauren at lamaloneesq.com
Fri Jul 11 13:34:36 UTC 2025


Hi all,

I have a client who received a likelihood of confusion refusal as to 1 of their 3 Classes of goods/services in an intent-to-use application. Since filing, my client has begun using the mark for the affected Class, but has not filed an Allegation of Use. Do we need to file an Allegation of Use prior to responding to the refusal if the response will include evidence of how the mark is being used for said Class?

Lauren A. Malone, Esq.

Law Office of Lauren A. Malone, LLC
CultureHUB
1202 N. 3rd Street, Suite 103
Phoenix, AZ 85004
(623) 267-5924 Ext. 101
www.lamaloneesq.com<http://www.lamaloneesq.com>


*Licensed in New Mexico. Authorized to practice in Arizona under A.R.S. Sup. Ct. Rule 42, Rules of Prof. Conduct, ER 5.5(d)

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