What happens if the trademark examining attorney decides that the mark is confusingly similar to another mark?
The applicant or the applicant’s attorney is notified that registration of the mark is refused. The examining attorney provides an official action which includes the trademark registration(s) and/or pending trademark application(s) that are the cause of the conflict. If the applicant or the applicant’s attorney believe that the examining attorney’s position in not well founded, a response to the refusal may be filed.
Related Questions
- If the trademark search finds a mark identical or similar to mine but the owner is no longer in business (or the mark is no longer being used by that business) am I free to use and register it?
- Does registration with the Secretary of State prevent others from registering the same or similar trademark, service mark in other states?
- What happens if the trademark examining attorney decides that the mark is confusingly similar to another mark?