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What does it mean when my trademark is refused due to the "likelihood of confusion"?

Written by Jan Buza

Co-founder of Trama

If your trademark application was refused due to likelihood of confusion, it means the USPTO examiner has identified an earlier registration that is confusingly similar to your file trademark. The examiner, therefore, believes that consumers could reasonably confuse the two sources. This kind of office action is considered a substantive refusal that requires a formal response.

The office action will identify the specific mark cited as the basis for the refusal. Reviewing that mark, its owner, its classes, and its goods and services description is the first step in assessing whether the refusal can be challenged.

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