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How can I overcome the "likelihood of confusion" refusal from the USPTO?

Senior Trademark Attorney

The main strategies are arguing that the marks are not confusingly similar, arguing that the goods and services are sufficiently different, narrowing the goods and services list to remove the overlap, or obtaining a consent agreement from the owner of the cited mark.

The examiner's analysis in the office action identifies which factors drove the finding of likelihood of confusion. The response should address those specific factors directly. A general argument that the marks are different, without engaging with the examiner's specific reasoning, is unlikely to succeed.

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