Written by Jan Buza
Co-founder of Trama
It depends entirely on the grounds raised. Non-substantive issues, such as missing information, incorrect owner details, and specimen deficiencies, are generally straightforward to resolve and carry a high success rate.
Substantive issues are more complicated. A likelihood of confusion refusal where the earlier mark is very similar and the goods and services closely overlap can be very difficult to overcome; one where the similarity is marginal, or the classes are clearly different, is more tractable. A descriptiveness refusal on a genuinely descriptive mark is hard to overcome without evidence of acquired distinctiveness; one where the mark is only borderline descriptive may be argued successfully.
A realistic assessment of the specific grounds is the starting point before committing to a response. Start with a free assessment of your office action with Trama.
Does receiving an office action mean my trademark is denied?
Can I amend my trademark application in response to an office action?
How long does it take for the USPTO to review my response to an office action?
What is a suspension letter in context of trademark office actions?
Is there any other solution to an office action besides responding?
What does it mean if a trademark is 'published for oppositions'?
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.
