What is a 2(d) Refusal?

Navigating a 2(d) Refusal from the USPTO: What It Means and How We Can Help

Applying for a federal trademark with the United States Patent and Trademark Office (USPTO) can be an exciting step toward protecting your brand. However, you may feel uncertain about what to do next if you receive an Office Action citing a Section 2(d) Refusal—commonly known as a “Likelihood of Confusion” refusal. At Roger Doumanian, Attorney at Law, APC, we have the experience and legal insight to help you navigate this challenge and confidently move forward.

What is a 2(d) Refusal?

A 2(d) Refusal is issued when the USPTO determines that your applied-for trademark is too similar to an existing registered mark, creating a likelihood of confusion among consumers. The refusal is based on the Lanham Act, which aims to prevent marketplace confusion by ensuring that trademarks distinctly identify the source of goods or services.

The USPTO examines trademarks based on factors such as:

• Similarity in appearance, sound, and meaning
• The relatedness of the goods or services offered
• The strength and distinctiveness of the existing mark
• Overlapping trade channels

If an examining attorney finds that these factors suggest a likelihood of confusion, they will issue a 2(d) Refusal, preventing your trademark from proceeding to registration.

Why the USPTO Issues a 2(d) Refusal

The purpose of trademark law is to protect consumers from confusion and ensure fair competition. If two trademarks are too alike, customers might mistakenly believe they originate from the same company. This could lead to brand dilution, lost sales, and potential legal disputes.

How We Can Help Overcome a 2(d) Refusal

Receiving a 2(d) Refusal doesn’t mean your trademark journey is over. With the right legal approach, you may be able to overcome the refusal and secure your registration. At Roger Doumanian, Attorney at Law, APC, we provide strategic guidance and representation to address Office Actions effectively. Here’s how we can assist:

1. Comprehensive Analysis of the Refusal
We thoroughly examine the USPTO’s findings, analyze the cited trademark(s), and assess whether the refusal is legally justified. This includes evaluating key differences in the marks, goods or services, and market positioning.

2. Crafting a Persuasive Response
A well-prepared legal argument can make all the difference. We draft compelling responses that highlight distinctions between your trademark and the cited mark, using legal precedent, industry-specific insights, and consumer perception arguments.

3. Exploring Coexistence Agreements
If the owner of the cited trademark agrees that confusion is unlikely, we can negotiate a coexistence agreement, which can be presented to the USPTO as supporting evidence for registration.

4. Amending the Application for Approval
In some cases, modifying the trademark application—such as refining the goods and services description, disclaiming certain elements, or adjusting the classification—can help overcome the refusal.

5. Filing an Appeal if Necessary
If the USPTO maintains its refusal, we can escalate the matter by filing an appeal with the Trademark Trial and Appeal Board (TTAB), presenting a strong legal argument for reconsideration.

Take Action to Protect Your Brand

A 2(d) Refusal can be a significant hurdle, but with the right legal strategy, it’s possible to secure your trademark rights. Don’t navigate this complex process alone—let our experienced legal team at Roger Doumanian, Attorney at Law, APC help you build a solid case for approval.

Contact us today to schedule a consultation and take the next step in protecting your brand’s identity.

The information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for advice regarding your situation. We invite you to contact us and welcome your calls.