Registering Trademarks: Overcoming Section 2(d) Likelihood of Confusion Refusals
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide trademark counsel in understanding how examining attorneys at the United States Patent and Trademark Office and panels at the Trademark Trial and Appeal Board decide the issue of likelihood of confusion as it relates to trademark applications. The panel will outline approaches that work—and those that don’t work—for avoiding or overcoming refusals under Section 2(d) of the Lanham Act.
- History, purpose and key principles of Section 2(d)
- The du Pont factors for determining likelihood of confusion
- Best practices for avoiding a Section 2(d) refusal
- Strategies for overcoming refusals under Section 2(d)
- Examples from recent TTAB decisions
The panel will review these and other relevant issues:
- What strategies have trademark applicants used successfully to show the lack of confusion and obtain trademark protection despite Section 2(d) refusals?
- How are the USPTO examining attorneys and the Board treating evidence for and against likelihood of confusion?
- What best practices should counsel employ to avoid or overcome Section 2(d) refusals?
Patrick J. Gallagher
Co-Chair, Trademark Prosecution Practice
Mr. Gallagher concentrates his practice on trademark and copyright issues, as well as other IP matters. He has... | Read More
Mr. Gallagher concentrates his practice on trademark and copyright issues, as well as other IP matters. He has extensive experience in trademark clearance, investigation, prosecution, client counseling and management of trademark portfolios. He also focuses on trademark enforcement; trademark opposition and cancellation proceedings; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings; and trademark licensing. He provides advice and handling disputes involving social media; IP due diligence; IP licensing; copyright counseling, protection and registration; copyright litigation; DMCA notice and take down procedures; and domain name acquisition.Close
Draeke H. Weseman
Winthrop & Weinstine
Mr. Weseman creates consistent, successful outcomes for brands by reliably applying hard-earned knowledge of... | Read More
Mr. Weseman creates consistent, successful outcomes for brands by reliably applying hard-earned knowledge of trademark law, enhanced by years of experience, to complex trademark problems and then communicating valuable advice to clients simply and directly, in unadorned plain language.Close