likelihood of confusion

What is a partial cancellation of a trademark registration?

How do you prove that your trademark is not similar? One of the most common rejections of trademark applications is likelihood of confusion. While you…

How to Register a Trademark: What goods and services are related or unrelated?

What is the meaning of related goods and services? Likelihood of confusion is one of the biggest obstacles to registering trademarks. In comparing trademarks, examiners…

Why Your Trademark Arguments Will Fail: How to Win an Office Action Rejection

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. Even when great points are made, they will fall on deaf ears.…

How To Avoid Trademark Confusion

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. The…

What is a crowded field of third party registrations?

Has your trademark application received a Section 2(d) likelihood of confusion rejection? So your trademark application has been refused registration on the basis that your…

Final Rejection: How to Respond to a Trademark Final Office Action

What is a final trademark rejection or Final Office Action? Known as a Final Office Action, a final trademark rejection is typically a second rejection…

What are confusable trademarks and examples of non-confusable trademarks?

What does confusable mean? To be registrable, a mark must not have a likelihood of confusion with any registered trademarks. In other words, an applied-for…

Trademark application rejections: Reasons why and how to respond

Why do trademark applications get rejected? Most trademark applications are not approved on their first go-around according to USPTO trademark statistics. Only 34.4% of TEAS…

What is a trademark consent agreement?

What is a trademark consent agreement? A trademark consent agreement is a written agreement between two trademark owners stating that their respective marks are not…

How much is a flat rate trademark application?

What is a flat rate trademark application? Our firm offers fixed fees for filing trademark applications. A flat rate trademark application provides you with some…

What is trademark priority?

Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce.…

Likelihood of Confusion: How to Win the Not Similar Argument

What is the purpose of a trademark? A trademark serves to indicate the source of goods or services (for simplicity, I’ll refer to both goods…

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