Frequently Asked Questions

What is the most common reason an examining attorney refuses registration?

The most common reason for refusing registration is a likelihoodof confusion with the mark in a registration or prior application. Theexamining attorney will search the United States Patent and Trademark Office(USPTO) database to determine whether there are any marks that are likely tocause confusion with your mark. The principal factors considered by theexamining attorney in determining whether there would be a likelihood ofconfusion are:

• The similarity of the marks;

• The commercial relationship (e.g., channels of trade or class ofpurchasers) between the goods/ services listed in the application and thoselisted in the registration or pending application.

To find a conflict, the marks do not have to be identicaland the goods/services do not have to be the same. It may be enough that themarks are similar and the goods/services are related.   When you request to register your trademarkthrough Trademarkia, an attorney representing you can help you place yourapplication in the best light for evaluation by the USPTO.