Written by Jan Buza
Co-founder of Trama
If you've received a likelihood of confusion refusal, it means the USPTO is considering your mark confusingly similar to an already registered trademark, meaning similar to such a degree that it could potentially cause confusion in the market.
Similarity is a complex concept within trademark law, as what makes two marks similar or dissimilar is not always straightforward. The examining attorney will look at several factors, including visual similarity, phonetic similarity, similarity in goods and services offered, etc.
While likelihood of confusion refusals happen often, resolution is not always easy. Your chances will depend on the nature and severity of the similarity. If you received a likelihood of confusion refusal, it's highly advisable to discuss the next steps with a trademark attorney.
Are there any costs if a trademark dispute resolution is reached amicably?
How can I overcome the "merely descriptive" refusal from the USPTO?
What does "Entity Clarification Required" in my office action mean?
What is Section 2(e)(4) Refusal - Primarily Merely a Surname?
What does it mean if my trademark is dismissed for being geopraphically deceptively misdescriptive?
Can I amend the goods and services listed in my application in response to an office action?
Does the date of specimen submission have to match the filing date?
What happens if my trademark is dismissed due to geographical descriptiveness?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
