What are my chances of overcoming the "likelihood of confusion" refusal?

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Written by Tomas Orsula

Senior Trademark Attorney

When it comes to likelihood of confusion refusals, there's no one-size-fits-all answer as to how hard they are to overcome. Your chances will depend on multiple factors, including:

  • Your mark and the other identified mark,
  • Your and the other party's goods and services,
  • Your and the other party's sales channels,
  • Who the other party is - whether it's an individual or a company, their size, presence in the market, etc.

Therefore, if you've received a likelihood of confusion refusal from the USPTO, it's best to seek the help of a qualified trademark attorney who can read the examiner's reasoning in the office action, consider these and other factors and recommend appropriate steps for you to take.

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