Likelihood of confusion, in plain English

Likelihood of confusion is the test the USPTO and the courts use to decide whether two marks are too close. The examining attorney compares the marks for sound, appearance and meaning, asks how related the goods and services are, and weighs trade channels, buyers and the strength of the earlier mark. A Section 2(d) refusal cites the conflicting registration and gives you three months to answer by argument, amendment, consent or a challenge to the cited mark.

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