Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?
We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.
Answering will cost you over $1,000 and can get bigger
IF you have not done much with the brand, maybe a new one is best
Make sure you have an attorney do the checks for availability for you
A: You may submit a formal response to the USPTO Office action refusal of your trademark registration. You must respond prior to the deadline indicated on the Office action, or your application will be abandoned. Work with a trademark attorney to assist you with this process.
A: Yes, you should hire a trademark lawyer to respond to the Office Action for you. Make sure your response is submitted prior to the deadline stated in the Office Action.
A: This is the type of rejection that depends mostly upon how close your goods or services are to those of the registered mark holder. Depending upon the facts and circumstances, you may be able to overcome the rejection, or not. As the other attorneys said, pay close attention to deadlines, and the safest/easiest path may be to choose a different mark.
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