Responding to a 2(d) ‘Likelihood of Confusion Rejection’ by the USPTO)

This is a complex issue that may be difficult to overcome.  Because this is the case – while you have the option to file a response yourself, we recommend contacting us and speaking to one of our experienced attorneys – which include form USPTO examiners with decades of experience.  To learn more, please continue reading below. A “Section 2(d)” or “Likelihood of Confusion” refusal will issue if the Examining Attorney feels that there is a likelihood of confusion with a prior-filed trademark registration. Two marks do not need to be identical in order to cause a likelihood of confusion, nor do they need to be used in connection with identical products or services. If the marks are too similar and are being used in connection with related products or services, the Examiner may find a likelihood of confusion. The inquiry is therefore highly subjective and reasonable minds often will differ about whether two marks are confusingly…

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