Here is a recent example of an office action filed with the USPTO that succeeded in overcoming both a likelihood of confusion refusal with a registration under Trademark Act Section 2(d), 15 U.S.C. § 1052(d), as well as a descriptiveness refusal pursuant to Trademark Act Section 2(e)(1), 15 U.S.C. § 1052(e)(1).
I have omitted the exhibits and the response form, to focus on the substance and structure of the arguments. The full record for this mark, BOLIDO, USPTO Registration No. 5663308, can be found in TSDR here.
For more information about Office Action responses, see:
- Anatomy of an Office Action response to likelihood of confusion under Section 2(d)
- Anatomy of a trademark office action response to a descriptiveness refusal
- Trademark Office Action Response Workbookavailable here.
- Podcast episode: Office Action Bootcamp and Workbook
- Podcast episode: What Makes a Good Trademark Office Action Response?
