Resources

Trademark Refusal Resources

Plain-English guides to USPTO Section 2(d) refusals: what the examiner is really saying, what the law actually asks, and how to build a response that changes the result.

Written for applicants, not lawyersGrounded in decided Board casesFree to read
“My Mark Is Obviously Different.” So Why Did the USPTO Refuse It? LatestSeptember 30, 2026 · 15 min read

“My Mark Is Obviously Different.” So Why Did the USPTO Refuse It?

Why a mark that looks obviously different still gets a Section 2(d) refusal, the two DuPont factors behind most first Office Actions, and how to build the record that changes the outcome.

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More guides

5 in total
Section 2(d) Refusals Explained: What “Likelihood of Confusion” Means Sep 30, 2026 · 3 min read

Section 2(d) Refusals Explained: What “Likelihood of Confusion” Means

What a USPTO Section 2(d) likelihood-of-confusion refusal means, the 13 DuPont factors examiners use, what a strong response addresses, and the deadlines you can’t miss.

Read the guide How the USPTO Decides Likelihood of Confusion: The DuPont Factors and 3 Refusals Overturned in 2026 Sep 30, 2026 · 6 min read

How the USPTO Decides Likelihood of Confusion: The DuPont Factors and 3 Refusals Overturned in 2026

The 13 DuPont factors the USPTO uses to decide likelihood of confusion, which ones carry most refusals, and three 2026 TTAB decisions where near-identical names still won.

Read the guide Who Has the Burden of Proof in a 2(d) Refusal? Why Argument Is Not Evidence Sep 28, 2026 · 3 min read

Who Has the Burden of Proof in a 2(d) Refusal? Why Argument Is Not Evidence

In a Section 2(d) refusal, the USPTO carries the burden of proof, and on both sides, attorney argument is no substitute for evidence. What counts, and how to use it.

Read the guide Likelihood of Confusion Means Probable, Not Possible Sep 28, 2026 · 4 min read

Likelihood of Confusion Means Probable, Not Possible

Section 2(d) asks whether confusion is likely, not merely possible. What that means, how the Federal Circuit and the TTAB apply it, and how to use it in a response.

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Three ways forward

Got a USPTO refusal?

Start with a TRACE™ Report. It shows whether your refusal can be beaten, where the examiner’s case is weakest, and which arguments to lead with.

Measure it firstTRACE™ Report$25Your Confusion Index, the gaps to close and a 30-minute call. Delivered within 24 hours.Get my TRACE Report → Respond yourselfOAR Workbook$149Ten steps, 18 worksheets and a Word template, from refusal to a ready-to-file response.See the workbook → Have it draftedResponse packages$700and upFlat-fee and success-based. You stay the applicant of record and approve every word.See the packages →

Scrivener's resources are general information about USPTO procedure, not legal advice. We are not a law firm, and reading a guide does not create any client relationship. For advice about your specific situation, consult a licensed trademark attorney.