3 stripes out for Adidas
This case study focuses on the battle fought by Adidas to protect its mark in the form of three stripes, exploring the implications of the historical as well as more recent decisions of the court.
If the USPTO issues a likelihood of confusion to your trademark application, it means your registration will be paused until you successfully resolve the issue or the time for submitting a response runs out. If you don't address the examiner's concerns satisfactorily and on time, you risk the abandonment of your trademark.
Although likelihood of confusion refusals happen often, there's no one-size-fits-all solution when it comes to overcoming them, and your chances of success will depend on the nature and severity of the similarity between your mark and the other identified mark(s). While some office actions are straightforward and applicants often choose to resolve them themselves, for a likelihood of confusion refusal, it's highly recommended to seek legal assistance.
Should I register both the name and the logo trademarks at once?
Why does my office action state I need the consent of a living individual?
How can I overcome the "likelihood of confusion" refusal from the USPTO?
Should I add more classes in order to broaden the protection of my brand?
What is Section 2(e)(3) Refusal - Geographically Deceptively Misdescriptive?
Can I submit new evidence or information as a part of an office action response?
What is the difference between a final and non-final office action?
If I need to respond to an office action and submit new evidence, will it cost extra?
If I register a logo trademark, will my brand name be protected as well?
What do I actually need to trademark - our name or logo? Or do I need to do both?
Is there any difference between lowercase/uppercase in trademark name registration?
Shall I still register my trademark despite the high risk of refusal?
If we register a logo trademark, can we still make changes to the logo itself and retain protection?
After I file a trademark application, would adding a logo have any additional charges?
Can I register a trademark if my company is not yet incorporated?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.