I have received an office action with "likelihood of confusion" as the reason for dismissal. What should I do?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Read the office action carefully and identify the specific mark cited as the basis for the refusal. Look up that mark in the USPTO's TESS database to see what goods and services it covers and how active the owner appears to be.

Then assess the realistic options: are the marks genuinely different enough to argue successfully? Are the goods and services different enough? Is approaching the cited mark's owner for a consent agreement a realistic option?

The three-month response window (extendable to six) gives you time to make this assessment properly before committing to a strategy. Working with a trademark attorney on a likelihood of confusion response gives the best chance of a persuasive outcome.

Start with a free assessment of your office action with Trama.

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