When the USPTO review’s a trademark application, the most common substantive refusal is due to the finding of a “likelihood of confusion.” An applicant has six months to respond to the Office Action and submit argument and evidence arguing against the finding.

Below is a recent Office Action Response filing made with the USPTO arguing against a likelihood of confusion. The response covers the differences between the marks, third party registrations, the weakness of the shared term, the degree of care of consumers, and more.

For more sample office actions, see my Trademark Office Action Response Workbook available here.

WPCRAFTER trademark application Office Action Response by Erik Pelton on Scribd


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One thought on “Anatomy of an Office Action response to likelihood of confusion under Section 2(d)

  1. Pingback: Sample USPTO trademark office action response: likelihood of confusion and descriptiveness refusals | Erik M Pelton & Associates, PLLCErik M Pelton & Associates, PLLC

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