Why Carbon Law Is Uniquely Suited To Help You Overcome Office Actions

Excellent firm, high quality counsel, and amazing responsiveness. Pankaj and his team expertly assisted in all things startup – from corporate formation, SAFE investments, employee agreements and trademark. Always available for an urgent call, and always providing the candor you need from business counsel. Highly recommend.​

Annmarie S.

Partner with a seasoned law firm renowned for its expertise in navigating trademark challenges. 

Trust in our proven success to secure the recognition and protection your brand rightfully deserves.

Experienced

Team That's Resolved Disputes With Giants Like HBO & Apple.

Transparent

Pricing With No Hidden Fees.

Personalized

Step-By-Step Guidance Tailored To Your Unique Situation.

Overall rating 5.0 based on 232 reviews​

Why Choose Carbon Law

Analysis

We Meticulously Review The Office Action To Understand The Objections Raised.

Strategy

Crafting A Tailored Response Strategy To Address Each Concern.

Drafting

Our Experts Draft A Comprehensive Response, Ensuring Every Detail Is Addressed.

Submission

We Meticulously Review The Office Action To Understand The Objections Raised.

Follow-Up

Continuous Monitoring And Updates Until Your Trademark Concern Is Resolved.

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With Carbon Law Group By Your Side, You're Equipped With The Expertise And Support To Overcome Any Trademark Challenge.

What Our Clients Are Saying

Frequently Asked Questions

What is a 2(d) or likelihood of confusion office action?

A 2(d) or likelihood of confusion office action is issued by the United States Patent and Trademark Office (USPTO) when they believe that the trademark you’ve applied for is too similar to an existing registered trademark, leading to potential confusion among consumers. This determination is based on various factors, including the similarity of the marks, the relatedness of the goods/services, and the channels of trade.

How do I respond to a 2(d) office action?

Responding to a 2(d) office action requires a well-structured argument that addresses the examining attorney’s concerns. This can involve demonstrating that the marks are not as similar as perceived, the goods/services are distinct, or that the channels of trade are different. It’s essential to provide evidence, such as consumer affidavits, market research, or other relevant materials, to support your arguments. A knowledgeable trademark attorney can significantly increase the chances of a successful response.

Can I overcome a likelihood of confusion refusal?

Yes, many applicants successfully overcome likelihood of confusion refusals. The key is to present compelling evidence and arguments that address the USPTO’s concerns. This might involve showing that the marks, when viewed in their entireties, create different commercial impressions, or that the cited registration is weak due to the existence of similar marks for related goods/services.

How long does it take to respond to an office action?

The timeline varies based on the complexity of the action. However, we prioritize timely and effective responses. However, note you have a limited time to respond, so don’t wait until the last minute to file your response. 

What's the success rate of your office action responses?

We have a very high success rate for marks we file because we guide clients from the beginning on the likelihood they will prevail. When it comes to applications from other attorneys or those that client filed themselves, we have to evaluate the level of confusion, the strength of the cited marks, the similarity of the goods and services, and the possibility of canceling the conflicting marks.

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