Your final refusal has been mailed
Official wording: Final refusal — mailed
The examining attorney has considered your response and maintained the refusal. A deadline is running and your options are narrower than they were at the non-final stage. Final does not mean the mark is dead, but it does mean the next filing has to do more than repeat the last one.
How long do you have?
Since 3 December 2022 the response period for applications filed under sections 1 or 44 is three months from the issue date, with one three-month extension available per office action for a fee. Section 66(a) applications under the Madrid Protocol were not changed. The date on your own letter is the one that governs, so open it in TSDR and work from that rather than from any figure quoted on a website.
Does final mean finished?
No. It means the examiner is not persuaded and will not keep exchanging the same argument. Three routes remain open: a request for reconsideration, an appeal to the Trademark Trial and Appeal Board, or both filed together so that the appeal is preserved while the examiner looks at the case again.
What actually moves a final refusal
New evidence, an amendment that removes the objection, or a genuine point of law. Restating the argument the examiner has already considered and rejected rarely changes the outcome, and it spends the time you have left doing it.
Is yours worth pursuing?
Some are not, and you deserve to hear that before you spend. A section 2(d) refusal against a closely similar registered mark in the same class is genuinely difficult. A descriptiveness refusal where you have years of use and evidence that customers treat the name as a brand is a different conversation entirely. Send us the file and we will tell you which of those you appear to be holding.
An appeal needs a litigator, and we will say so
A Board appeal is a contested proceeding, not a filing. If that is where your case is going you need a trademark litigator rather than a filing service, and we will point you to one from our attorney network instead of taking the work. What we do at two hundred and ninety nine dollars flat is read your file and respond where a response is still the right instrument.
Confirm this against your own record
Status code descriptions are administered inside USPTO systems and published wording varies slightly between sources. Your file is the authority. Enter your serial number in TSDR to see your current status, every document filed, and any live deadline.
Open TSDRLooking this up for a client rather than for your own mark? We keep a network of licensed attorneys who review the cases that come through us. It is case-by-case paid work and a free listing — never a referral fee or a cut of anything.
What comes before and after
Status 630
Filed, and waiting in the queue
Status 638
An examining attorney now has your file
Status 640
An office action has been counted, but not sent yet
Status 641
Your non-final office action has been mailed
Status 602
Your application was abandoned for failure to respond
Status 680
The examiner cleared your mark
Status 700
Your mark is registered
