Section 2(d): Likelihood of Confusion — Trademark Office Action Guide
A Section 2(d) refusal means the examining attorney believes your mark is too similar to an existing registered or pending mark for related goods or services, and consumers are likely to be confused about the source.
What the USPTO is saying
The USPTO has compared your mark to one or more cited registrations or applications and concluded that the marks are similar enough, and the goods or services close enough, that consumers would mistakenly believe they come from the same source. The Office Action will cite specific serial or registration numbers.
Why this issue is raised
Trademark law protects consumers from confusion in the marketplace. When marks look alike, sound alike, or create a similar commercial impression — especially in overlapping industries — the USPTO must refuse registration unless you can distinguish your mark or narrow your goods and services.
How applicants typically overcome it
- Compare the marks side by side: appearance, pronunciation, meaning, and overall commercial impression.
- Analyze whether the cited mark's goods or services truly overlap with yours; limiting your identification may reduce confusion.
- Gather evidence of coexistence in the marketplace if both marks have been used without actual confusion.
- Argue differences in trade channels, price points, or purchaser sophistication when relevant.
- Consider negotiating consent with the cited mark owner if a coexistence agreement is feasible.
- Evaluate whether the cited mark's registration is vulnerable to cancellation or narrower than it appears.
Related Office Action issues
Frequently asked questions
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