How can I overcome the "likelihood of confusion" refusal from the USPTO?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

If you received a likelihood of confusion refusal, it means the examining attorney at the USPTO has deemed your mark confusingly similar to an already registered trademark from the USPTO's register.

Chances of overcoming a likelihood of confusion refusal can vary a lot depending on the case, but the most common strategies include:

  • Proving the marks in question are, in fact, not similar,
  • Limiting your list of goods and services to avoid the overlap between your application and the other trademark,
  • Contacting the other party and proposing a co-existence agreement.

While the likelihood of confusion is one of the most common grounds for refusal, overcoming it can be challenging. For this type of office action, it's highly advisable to seek the assistance of a trademark attorney. They can help you choose the best course of action and then carry out the necessary steps to save your trademark, whether it's writing a response, gathering supporting evidence, or negotiating with other trademark owners.

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