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Likelihood Of Confusion Response Draft

Received an Office Action from the USPTO citing Likelihood Of Confusion? Contact us now to frame a strong response and save your trademark application from rejection. Starting at $219

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Frequently Asked Questions

“likelihood of confusion” is basically the possibility that consumers might mistakenly believe two marks come from the same source, which could lead to your trademark being rejected.

To overcome a likelihood of confusion objection, show that your mark is distinct in appearance, sound, or meaning, limit it to specific goods/services, target different consumers or trade channels, provide evidence of coexistence, or submit a disclaimer to reduce perceived similarity.

Suppose there is a registered trademark “SunBrew” for a brand of coffee. You try to register the mark “SunBrewz” for coffee as well. The USPTO will most probably will reject such an application. Why so? Because he marks look and sound similar and are used on identical goods (coffee). A consumer might mistakenly believe both products come from the same company, causing brand dilution

The strongest trademarks are fanciful or coined marks. These are completely made-up words with no prior meaning (e.g., “Kodak” for cameras, “Xerox” for photocopiers).

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