Statistics say if you file a U.S. trademark application you also have to file an Office action response. Responses vary, however, you need to follow the only available procedural process. The majority of U.S. trademark applications receive an Office action from the United States Patent and Trademark Office (USPTO).he examiner has discretion on whether to issue a final Office action or a non-final Office action. However, if the applicant does not resolve all the outstanding issues in the response or raise any new issues, the examiner should issue a final Office action. TMEP Â§Â§ 713, 714.