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What is the most common reason an examining attorney refuses registration?
The most common reason for refusing registration is a likelihood of confusion with the mark in a registration or prior application. The examining attorney will search the United States Patent and Trademark Office (USPTO) database to determine whether there are any marks that are likely to cause confusion with your mark. The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:
• The similarity of the marks;
• The commercial relationship (e.g., channels of trade or class of purchasers) between the goods/ services listed in the application and those listed in the registration or pending application.
To find a conflict, the marks do not have to be identical and the goods/services do not have to be the same. It may be enough that the marks are similar and the goods/services are related. When you request to register your trademark through Trademarkia, an attorney representing you can help you place your application in the best light for evaluation by the USPTO.
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