USPTO Office Action & Section 2(d) refusal help

Get answers. Overcome refusals. Protect your trademark.

Got a USPTO Office Action or Section 2(d) refusal? Your TRACE™ Report shows whether it can be beaten, where the examiner’s case is weakest, and which arguments to lead with, before you spend anything on a response.

Delivered within 24-48 hours$25 credited toward any packageYou stay the applicant of record

HOW TRACE™ WORKS

Watch a TRACE™ Report get built.

Animated example with fictional marks: a Section 2(d) refusal is read, three cited registrations are screened and one becomes the lead, 180 checkpoints across nine DuPont lenses are scored, and the Confusion Index lands at 6.18, below the 7.0 line, with a recommendation to respond.

Filled dots show each lens score out of 10; the dashed line is 7.0. Illustrative example with fictional marks.

Why Scrivener

13 reasons applicants choose Scrivener.

Over a traditional law firm, an hourly attorney or a mass-market filing company.

01

Radically transparent pricing, with no hidden fees

Many budget filing companies advertise a low fee, then add mandatory charges and subscriptions you never asked for. We publish the full fee for every package up front: what you pay at each milestone, and what is not included, such as USPTO government fees.

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The TRACE™ Report

You get one good shot at the Office Action.

If your response doesn't take the examiner's reasoning apart piece by piece, with evidence and real precedent, the mark can be refused. A lot of good marks are lost right here — not on the law, but because the applicant argued how they feel about their brand instead of meeting the office on its own terms.

The TRACE™ Report is the blueprint that keeps that from happening. Before you write a word of your response, it settles four things.

Confusion Index 6.18, below the 7.0 probability lineCONFUSION INDEX6.18Below the7.0 line7.001Whether the refusal is actually beatableOne number tells you where your case sits against the 7.0 probability line, before you spend anything on a response.
Three cited registrations screened; the strongest conflict is chosen as the leadCITATIONS SCREENEDKESTREL LINELeadKESTRALKESTREL CREEK02Where the examiner's reasoning is weakestEvery cited registration is screened, then the strongest conflict is taken apart factor by factor to find the openings.
The factors that tip your way, ranked by strengthARGUMENTS, RANKED1Crowded fieldF62Different meaningF83Careful buyersF503Which arguments to lead withThe factors that tip your way are ranked, so your one response is spent on the points that decide these cases.
A plain written recommendation: respond, lead with the strongest factors, narrow the goodsRECOMMENDATIONRespond.Lead with F6Then F8Narrow the goods04What to do next, in plain termsA written recommendation you can act on yourself, or hand to us to draft against.

The OAR Workbook

Rather answer the refusal yourself?

The Office Action Response Workbook walks you from the refusal letter to a ready-to-file response in ten steps, one worksheet at a time. Pair it with your TRACE™ Report: TRACE shows you where to fight, the workbook shows you how.

10steps, each with a "Done when" check
18worksheets you fill in
60examiner arguments, each answered
50authorities, 23 of them binding

Instant download: a 106-page PDF and an editable Word response template. Paid securely through PayPal. Not legal advice.

How you pay

A low deposit to start. The rest only if you win.

Traditional IP firms charge an expensive, non-refundable retainer and bill by the hour whether your mark is approved or rejected. We flip that model on its head.

“By putting the majority of our service fee behind an official USPTO approval milestone, we put our skin in the game right alongside yours.”

USPTO government filing fees are separate and paid directly to the government at submission.

Low upfront deposit

At booking

A small deposit initiates the TRACE™ diagnostics and the custom drafting work behind your response.

Delivery milestone

On draft delivery

A flat fee when the finished draft reaches you. You review the completed arguments in full and authorize them before anything is filed.

Contingent success fee

Only on USPTO approval

The bulk of the fee. Nothing further is owed unless the examiner withdraws the refusal and your mark moves forward.

If the refusal is maintained and your mark is rejected, the success fee is waived in its entirety.
Payment timeline, Standard package example: $250 deposit at booking, $250 when the draft arrives, $1,000 success fee only if the USPTO approves; waived if the refusal is maintained.$250DepositAt booking$250Delivery feeWhen your draft arrives$1,000Success feeOnly if the USPTO approvesExample: Standard package, $1,500 total if approved. Refusal maintained? The success fee is waived.

Premium Plus guarantee

If it cannot be won, we start again at no service fee.

We stand behind the administrative strategy and research built into every response draft. If you select our Premium Plus package and the USPTO ultimately issues a final refusal that cannot be overcome, our Strategic Refiling Guarantee immediately activates.

01

Diagnostic & primary response

We conduct deep TRACE™ diagnostics and construct a comprehensive primary response to dismantle the examiner's Section 2(d) refusal.

02

Administrative reconsideration

If a subsequent Office Action is issued, we engineer a secondary reconsideration response utilizing fresh database evidence.

03

Final refusal, refiling activates

If the USPTO issues a final rejection, we launch a brand-new application strategy with customized identification engineering.

04

Tracked through to registration

We monitor, track, and administratively support your new application through publication all the way to final registration certificate delivery.

Pricing

Every way to answer your refusal.

Start with a $25 measurement, do it yourself with the workbook, or have Scrivener draft it. You pick how much help you want.

Or have Scrivener draft it: six packages, three tracks.

Self-file tracks end at your finished draft. Assisted tracks add filing assistance and tracking to publication. Performance tracks run all the way to registration.

In their words

Trusted by founders and creators.

Every mark has a story. See how we help self-represented brand owners resolve complex USPTO refusals.

Get my TRACE Report · $25

Questions

Frequently asked questions.

Consultations, success fees, refunds, and who stays in control of the filing.

Read the full Terms of Service →

“Prepare the Response in two hours, client paid to receive a response from us. Your job is not to win.”

The instruction we were given by a law firm we worked for.

About us

About Scrivener

Two hours. Not to win — just to put something on the record so the file showed the firm had answered. The applicant on the other end had no idea their one shot was being spent that way.

We kept reading those files. Most of them had real arguments in them: disclaimed wording, different buyers, different shelves, marks that no one would actually mix up. Nobody was paid to go looking.

So we built the thing we wished those files had gotten. Every refusal runs through the same 180 checks against 600 past decisions, and you see the same numbers we do — including the ones that say your case is hard. Then you decide what to do with them. Your mark, your call, our work behind it.

Get my TRACE Report · $25

Your deadline is already running

Your mark is on the record either way. Make the record read well.

Start with a TRACE™ Report so your one response counts, or work it yourself with the OAR Workbook.

Prefer to talk first?

Book your diagnostic consultation.

Thirty minutes on your refusal. We compile your TRACE™ Report before the call, walk through where the examiner's case is strong and where it is not, and hand you written consultation notes to keep.

$25 · 30 minutes · Google Meet. Free if you complete the package finder. Pick any open slot; times not shown are taken.

TRACE™ ReportDelivered within 24-48 hoursGet it · $25