The USPTO pushed back on your application. They think your trademark is too similar to another mark that’s already registered or pending.
This doesn’t mean you did anything wrong. Watch this short video and skim your options below. Then you’ll know exactly what to do next.
We’ve received your office action, and we’re here to help you choose the best path forward.
Your deadline: The USPTO gives you 3 months from the date of the office action to respond, with the option to buy one 3-month extension for a government fee. Your exact deadline is in the email we sent you.
What we need from you: Please let us know how you’d like to move forward as soon as you can after you get our email. A quick reply gives us time to prepare and file your response well ahead of the deadline, instead of rushing at the end. If no response is filed by the USPTO’s deadline, your application will be abandoned.
Your office action includes what’s called a “2(d) refusal.” That means the USPTO thinks your trademark is too similar to another mark already on file.
Usually, that’s because the USPTO believes the two marks look or sound alike, and the goods or services overlap.
Here’s the important part: this refusal doesn’t mean you’ve infringed on anyone. It just means the USPTO is being cautious and thinks there’s a chance customers could confuse the two brands.
We’ve helped many clients in this exact situation. This type of refusal can be tough to overcome, but there are clear ways forward, whether that’s pushing back, pivoting, or filing something new.
Once we’ve reviewed the refusal and the trademarks the USPTO cited, we’ll tell you how strong we think your case is. From there, here’s a quick side-by-side of your options:
| Option | What it means | MAX clients | PRO clients | Best if... |
|---|---|---|---|---|
| Respond to the refusal | We argue the marks aren’t confusingly similar | MAXIncluded | PROAvailable for an extra fee | We believe there’s a solid argument to be made |
| File a new application (Indie Law Promise) | We file a revised application for you | Free for one class (legal and filing fees) | Free for one class (legal and filing fees) | The odds of overcoming the refusal aren’t great |
| Do nothing | Let the application go | No cost | No cost | The brand isn’t central to your business or you plan to rebrand |
If we believe there’s a solid argument to be made, we can prepare a legal response asking the USPTO to reconsider.
Keep in mind: even when we feel confident, 2(d) responses are never a sure thing. They depend heavily on the examiner reviewing your application.
If the odds of overcoming the refusal aren’t great, or you’re a PRO client and don’t want to pay extra for a response, you can use the Indie Law Promise.
We’ll file a brand-new application for one class at no cost to you, covering both our legal fees and the USPTO filing fee for that one class. If you want to add more classes to the new application, each additional class is billed at our standard rates. We’ll adjust what’s needed (like the wording, slogan, logo, or class) to improve your odds of approval.
This often leads to a cleaner path forward, especially when we can apply lessons from the refusal to strengthen your second filing.
You’re not required to respond or refile. Some clients choose to let the application go if the brand isn’t central to their business or they plan to rebrand anyway.
If that’s where you’re leaning, we’re happy to talk it through so you can make that call with full clarity.
Here’s something most clients don’t realize: this refusal gives you valuable information early.
Now you know the space around your brand is crowded, before you’ve invested even more in a name that could be hard to protect. That’s much better than finding out later through a cease and desist letter.
And if we refile with a revised version of your brand (like a tagline, logo variation, or updated description), we can still build strong trademark rights around what matters most to your business.
Ready to decide? Just reply to the email we sent and tell us which option you’d like.
Still unsure? Book a quick advisory call using the calendar. We’ll walk through the refusal, talk strategy, and help you choose the best next step based on your goals, your budget, and the strength of your application.
Whatever path you take, we’ve got your back and a plan to help you move forward.
