Charleston, WV asked in Copyright and Trademark for West Virginia

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.

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4 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: 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

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

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.

London Davenport
London Davenport
PREMIUM
Answered
  • Trademarks Lawyer
  • Raleigh, NC

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.

Kathryn Perales
Kathryn Perales
Answered
  • Trademarks Lawyer
  • Oberlin, OH

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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