What does proof of non-receipt of an office action indicate?

• A. It is sufficient for reinstatement
• B. It indicates no action is necessary
• C. It requires evidence of office error for reinstatement
• D. It guarantees approval of the application

Answer: (C)

Proof of non-receipt of an office action indicates that the applicant did not receive the office action, which is a communication from the USPTO regarding the status of their trademark application. If an applicant can provide documentation demonstrating non-receipt, it may be grounds for seeking reinstatement of their application. The applicant would need to show that the failure to respond was due to an error on the part of the USPTO or some other justifiable reason.

This situation emphasizes the importance of ensuring applicants are aware of the procedural requirements concerning office actions and the need to provide appropriate evidence regarding any shortcomings in communication. Such measures are in place to support fairness in the application process. As a consequence, simply asserting non-receipt without demonstrable evidence of an error in the office action could lead to a refusal for reinstatement.

Contextually, other options do not align with this premise: suggesting non-action or guaranteed approval does not accurately reflect the protocol that must be followed after a non-receipt claim is made.