
What the USPTO's Likelihood of Confusion Analysis Actually Compares
When applicants receive a likelihood of confusion refusal, they disregard it because their brand name doesn’t look or sound identical to the cited mark. The reaction makes sense, but it also comes from a misunderstanding of how the USPTO evaluates likelihood of confusion. The analysis doesn’t just look at formal/phonetic similarities, but rather asks whether consumers encountering both brands in the marketplace are likely to be confused about the source. If it seems like an arbitrary difference, let us explain.









