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Re: Responding effectively to initial refusal to register[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on March 10, 2002 at 22:28:31: In Reply to: Responding effectively to initial refusal to register posted by Richard Z. Ward on March 09, 2002 at 13:42:53: : Hello, : I have applied for trademark and received an initial refusal on a number of grounds including: "likelihood of confusion" and mark is "merely descriptive". : At first I took this to mean there was no hope and was too engrosed in developing the next version of our product to investigate the possibility of responding effectively. Now that I have some time, I have begun to research the topic and now feel there is a possibility of responding effectively. : My questions are: : 1. How much time does it typically take to put together a response? : 2. What is a typical cost range for a trademark lawyer to put together a response? : 3. If I were to respond myself (because of lack of money and the lack of availability of trademark lawyer due to short notice) would the USPTO reject the response because it does not cite court decisions? That is, do they only speak lawyer, or is it possible for me to argue my case in plain language? : Thank you in advance for any help. : Richard Dear Mr. Ward, Replies are not expensive. Having tried it alone you may be able to brute it out. Try calling the examining attorney. The examining attorney may do an examiners amendment for you if you are not in deep trouble. If you are in deep trouble our Reality Check® would have saved time, money and worry. M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909
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