Likelihood of Confusion in Trademarks, Explained
USPTO refusals · Section 2(d) Likelihood of confusion: why the USPTO refuses names that aren’t identical It is one of the most common reasons a trademark application is refused. The test comes down to two questions, and you can ask them yourself before you file. By Bill, Business Growth Expert · Verified and checked against TMEP §1207, 15 Oct 2026 On this page The two questions How marks are compared When goods are “related” The full du Pont factors If you receive this refusal Common questions Sources Short answer The USPTO refuses a mark when consumers would likely think your goods or services come from the same source as those under an earlier registered or pending mark. Examiners mainly ask how similar the two marks are, and how related the goods or services are. A close match on both usually means refusal. Which two questions decide most likelihood-of-confusion cases? The law behind this refusal is Section 2(d) of the Trademark Act. Courts list 13 factors, but the USPTO’s examining guide says two are central in nearly every case. Put them on two axes and you get a quick risk check. Goods unrelated Goods related Marks similar Lower riskCan coexist, unless