For the most part, the law regarding the examination of trademark applications is slanted in favor of the examining attorney. However, examining attorneys have evidentiary burdens to meet. Analyzing the evidence offered by the examining attorney is as important as arguing the interpretation of the law. Additionally, understanding the evidentiary rules can make the difference in overcoming a refusal.

Responding to substantive refusals from the Trademark Office is not a simple task. You wouldn’t see a family practitioner if you needed surgery, so seek out an experienced trademark attorney with a proven track record of overcoming tough refusals when responding to substantive refusals on your pending applications.