Skip to content The trademark office flagged your application due to what they see as a “likelihood of confusion” with another mark.
Please watch this short video and read below so we can best support you in taking next steps.
This Office Action from the trademark office includes what’s known as a “2(d) refusal,” which means they think your trademark is too similar to another one that’s already registered.
This is because the trademark office believes the trademarks look or sound alike, and the goods or services overlap.
This kind of refusal doesn’t mean you’ve done anything wrong or that you are infringing on anyone. It just means the trademark office is being cautious and believes there’s a chance consumers might confuse the two brands.
We’ve helped many clients in this exact situation. And while this type of refusal can be tough to overcome, there are a few ways forward—whether that’s pushing back, pivoting, or filing something new altogether.
Right now, the USPTO is asking for clarification or a response to the refusal. You have a few different ways to move forward depending on your goals, your budget, and the package you chose with Indie Law.
We’ll walk you through all your options in the next section—but first, just know this:
This is a common challenge. You’re not alone. And we’ve got a plan.
Once we’ve reviewed the refusal and the cited trademarks, we’ll let you know how strong we think your case is. From there, your options depend on the package you purchased:
If we believe there’s a solid argument to be made, we can prepare a legal response asking the USPTO to reconsider.
• If you’re a MAX client, this response is included in your package.
• If you’re a PRO client, this type of response is not included, but we can provide pricing if you’d like to move forward with it.
Keep in mind: Even when we feel confident in a response, 2(d) refusals are rarely guaranteed wins. These are legal arguments that depend heavily on the examiner’s discretion.
If the odds of overcoming the refusal aren’t great—or if you’re a PRO client and don’t want to pay extra for a response—you can take advantage of our Indie Law Promise.
We’ll file a brand-new application for free (including filing fees).
We’ll tweak what’s needed—like the wording, slogan, logo, or class—to improve the odds of approval.
This approach 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 abandon the application if the brand isn’t central to their business or if they plan to rebrand anyway.
If that’s where you’re leaning, we’re happy to talk it through with you and make sure you’re making that decision with full clarity.
Here’s something most clients don’t realize:
Even though this refusal is frustrating, it actually reveals a hidden benefit. If the USPTO thinks your brand is too close to another registered trademark, that other mark will likely block future competitors who try to register similar names.
In other words, even if your application doesn’t go through this time, that “conflicting” trademark could end up protecting you by stopping others from getting too close to your brand in the future.
Plus, if we do 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.
At this point, most clients have what they need to make a decision. If that’s you, simply reply to the email we sent and let us know how you’d like to move forward.
Still unsure? Want to talk it through?
Use the calendar to book a quick advisory call with our team. We’ll walk through the refusal, talk strategy, and help you choose the best next step based on your goals, budget, and the strength of your application.
Whatever path you take, we’ve got your back, and a plan to help you move forward.
