Our free office action response tool prepares custom example trademark likelihood of confusion responses. Fill out the form with your trademark info and the other trademark registration and a complete response template is emailed to you. Experience the precision and ease of AI-driven legal assistance today—try our tool below and keep your trademark application moving!
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Steps to Submit your Likelihood of Confusion Office Action Response:
A. Email - Add your email to receive the draft office action response securely and confidentially. It arrives in about 30 seconds.
B. What is your Trademark? Add your trademark in plain text (no logo). Just the wording of the trademark.
C. What is the Trademark Serial No? Provide the Trademark Serial No. (eight digits).
D. What is the Class Number (e.g. 025) of the Goods/Services for your trademark? Provide the International Class Number from the goods/services. You can find this in the office action or the USPTO search at tsdr.uspto.gov.
E. What are the actual Goods/Services of your trademark? Provide the trademark's goods/services, or if the list is long, a summary of the main products.
F. What is the Trademark cited as similar to yours? What is the Trademark that is cited as similar? Input just the words, not the logo.
G. What is the Registration or Serial no of the cited trademark? Add the Registration (seven digits) or Serial No. (eight digits) of the similar trademark.
H. What are the cited Trademark's actual Goods/Services? What are the relevant cited goods/services of the cited trademark? Summarize and focus on overlapping goods or the most similar ones if the list it too long.
What are the likelihood of confusion factors from In re E.I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (CCPA 1973))?
1. The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression.
2. The similarity or dissimilarity and nature of the goods or services described in the applications or registrations.
3. The similarity or dissimilarity of established, likely-to-continue trade channels.
4. The conditions under which and buyers to whom sales are made, i.e., "impulse" vs. careful, sophisticated purchasing.
5. The fame of the prior mark (sales, advertising, length of use).
6. The number and nature of similar marks in use on similar goods.
7. The nature and extent of any actual confusion.
8. The length of time during and conditions under which there has been concurrent use without evidence of actual confusion.
9. The variety of goods on which a mark is or is not used (house mark, "family" mark, product mark).
10. The market interface between applicant and the owner of a prior mark.
11. The extent to which applicant has a right to exclude others from use of its mark on its goods.
12. The extent of potential confusion, i.e., whether de minimis or substantial.
13. Any other established fact probative of the effect of use.
