Registering Trademarks: Overcoming Section 2(d) Likelihood of Confusion Refusals
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course 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 fundamental principles of Section 2(d)
- The du Pont factors for determining the 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 the likelihood of confusion?
- What best practices should counsel employ to avoid or overcome Section 2(d) refusals?
Patrick J. Gallagher
Barnes & Thornburg
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and... | Read More
Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and management of domestic and international trademark portfolios. He also has significant experience assisting clients with trademark enforcement, opposition and cancellation proceedings; brand protection programs; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings (UDRPs); and trademark licensing. He provides tailored advice for handling IP issues involving social media; IP due diligence and IP licensing; copyright counseling, registration, protection and litigation; Digital Millennium Copyright Act (DMCA) notice and take down procedures; and domain name acquisition.Close
Valerie G. Matthews
Barnes & Thornburg
Ms. Matthews assists intellectual property clients with trademark prosecution and clearance, including... | Read More
Ms. Matthews assists intellectual property clients with trademark prosecution and clearance, including investigating search results, preparing risk analysis for new trademarks, investigating fraudulent and infringing domain names, and developing cybersquatter-prevention strategies.Close
Draeke H. Weseman
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