If you have received a Section 2(d) Likelihood of Confusion Refusal from the USPTO, it means that the examining attorney for your application found your trademark to be too similar to another registered mark.
While this can be extremely frustrating and confusing, this video will assist you in analyzing your Office Action to get a better idea of the best way to move forward and overcome your Likelihood of Confusion refusal.
Before responding to your refusal, there are a few considerations to keep in mind:
1. Honestly evaluate your trademarks.
If the government found your mark to be too similar to another registered trademark, you need to take a look at your application and its goods and services. Be honest in your evaluation and weigh the similarities and differences.
2. Determine which arguments can be made for an appeal.
There are usually two main arguments that are most likely to help you succeed. The first is to find other similar third-party marks that are registered with the USPTO. If these other marks could be registered, you could potentially make the argument that yours should too.
The other thing to consider is limiting the goods and services listed in your application. By narrowing your scope, you might be able to avoid the conflicting with the classes of the other registered trademark.
3. Challenge the validity of blocking registrations.
If the other company is no longer using their trademark, you can file a petition to cancel the trademark on grounds of abandonment. Additionally, if you began using the trademark in commerce before the filing date of the other trademark or its first use date, you could potentially have common law priority.
As you can see by the scope of issues discussed in this video, overcoming a Section 2(d) Office Action can be complicated, so it’s a good idea to contact an attorney for assistance.
To learn more about how to overcome your Likelihood of Confusion refusal, visit www.gerbenlaw.com/blog/tradem....