The most common substantive rejection of a USPTO trademark application is due to a “likelihood of confusion” under Trademark Act Section 2(d).

A response to a 2(d) refusal is often complex. Of course, each situation is unique and depends upon the marks at issue, their relative strength or weakness and/or dilution, the goods and/or services at issue, and much more.

Below is a recent Office Action Response filed by our firm. As you can see, it includes not only a substantial substantive argument, but a lot of tangible evidence attached.

Likelihood of Confusion – Trademark USPTO Office Action Response by erik5733 on Scribd

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  1. Pingback: Trademark practice tip: when likelihood of confusion Office Action received from USPTO | Erik M Pelton & Associates, PLLCErik M Pelton & Associates, PLLC

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