Filing Refusal Law and Legal Definition

Filing refusal is a refusal by an examining attorney to register a mark. It is made after a clear issue concerning registrability has been raised. Filing refusal is made only after the applicant has been given an opportunity to respond but has not done so to the satisfaction of the examining attorney. Filing refusal can also be known as a final office action. This makes all outstanding refusal or requirement final. The applicant can respond to a filing refusal by fulfilling all the requirements set by the U.S. Patent and Trademark Office (USPTO) or by appealing to the Trademark Trial and Appeal Board.