We reached an amicable agreement whereby my client’s application was unopposed and proceeded to registration.
My client, a small start-up, filed a trademark application for a mark that was opposed by a major pharmaceutical company.
2(d) refusal to register trademark
2(d) refusal withdrawn
Examining Attorney cited a registered trademark, which had the exact same name as petitioner's trademark, in its 2(d) refusal to register. I successfully argued that the goods, channels of trade, and marketing were substantially dissimilar and there was no likelihood of confusion. Petitionerâ€™s mark is being published for opposition.