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Non-substantive Office Actions generally covers formalities that may be resolved quickly and inexpensively. Non-substantive trademark Office Actions are letters issued by USPTO examining attorneys that do not require significant legal research or argument. For example, any of the following reasons may lead to a non-substantive Office Action:

1. Proposed examiners amendment to the identification of goods/services or the classification,
2. Amending an Intent to Use Application (1B) to am In Use Application (1A)
3. Request for clarification on the goods or services identified in the application (i.e., the examiner doesn’t exactly know what you intend to do/sell in connection with the trademark).
4. Proposed revision to the description of a stylized special form mark, or
5. Request for additional specimens showing use of the trademark in connection with the identified goods/services, etc.

Substantive Office Actions are responses from the Trademark Attorney in which they refused to register the trademark based on legal grounds. Responding to these types of office actions involves a more intense level of legal research and arguments to provide the Trademark Attorney the case law to prove that our trademark should be registered. Examples include refusal based on:

1. Likelihood of confusion,
2. Your applied for mark is descriptive.
3. Merely a surname.