Merely Descriptive and Deceptively Misdescriptive: The examining attorney will refuse registration of a mark as merely descriptive if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. Therefore, it is critical that you conduct a search for conflicting marks before you file, as the existence of a mark that is confusingly similar to yours and used with related goods and/or services may bar registration of your mark.įor more information about conducting a search of existing trademarks, please watch the news broadcast-style video titled “Searching” (video #3 in the Trademark Information Network (TMIN) series).įor more information about likelihood of confusion, see TMEP §§1207 et seq. The applicant's mark will be refused on the ground of likelihood of confusion only if the earlier-filed application becomes registered. If a conflict exists between the applicant's mark and a mark in an earlier-filed pending application, the examining attorney will notify the applicant of the potential conflict.

When a conflict exists between the applicant's mark and a registered mark, the examining attorney will refuse registration of the applicant's mark on the ground of likelihood of confusion. The following are some examples of marks that would be considered similar: Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion. To find a conflict, it is not required that the marks and the goods/services be exactly the same instead, it is sufficient if the marks are similar and the goods and or services related such that consumers would mistakenly believe they come from the same source. The principal factors considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. In evaluating an application, the examining attorney conducts a search of USPTO records to determine whether there is a conflict between the mark in the application and a mark that is either registered or pending in the USPTO. Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed. The USPTO may be required to refuse registration of your mark on numerous grounds. Transferring ownership / Assignments help.International intergovernmental organizations.

Enforcing your trademark rights/trademark litigation.

Checking registration status & viewing documents.

Checking application status & viewing documents.

Madrid Protocol & international protection.

Other words for denied