RE:ACTION™

For trademark attorneys

Serial number in.
Draft response out.

Enter the USPTO serial number. RE:ACTION pulls the public TSDR file and identifies the issues in the Office Action. It searches the trademark register for evidence, then returns a Word draft with a memo for the reviewing attorney.

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RE:ACTION is an attorney work aid and does not provide legal advice. Every draft requires attorney review before filing.

ATTORNEY REVIEW REQUIRED. This draft was generated from public USPTO records and must be reviewed by a licensed attorney before filing.

Mark: MOLTO · Serial No. 98637751 · Non-Final Office Action issued Jan 24, 2025

Response to Section 2(d) Refusal — Likelihood of Confusion

The January 24, 2025 Office Action refuses registration of MOLTO in Class 032 under Trademark Act Section 2(d), 15 U.S.C. §1052(d), based on MOLTO BENE (Reg. No. 6070597) for “Wines” in Class 033. Applicant respectfully submits that confusion is unlikely because the marks, compared in their entireties, differ materially in appearance, sound, connotation, and commercial impression.

Marks must be compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. In re Charger Ventures LLC, 64 F.4th 1375, 1380, 2023 USPQ2d 451, at *3 (Fed. Cir. 2023); TMEP §1207.01(b). The fundamental Section 2(d) inquiry concerns the cumulative effect of differences in the essential characteristics of the goods and differences in the marks. Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976). Not all du Pont factors are relevant or entitled to similar weight in every case. In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019).

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How it works

Enter the USPTO serial number. RE:ACTION uses the public record to prepare the Word draft.

  1. 01

    Enter the serial number.

    RE:ACTION pulls the public application file from TSDR, including the Office Action and its attachments. You do not upload the file.

  2. 02

    It reads the letter.

    RE:ACTION names the refusals and requirements in the Office Action: 2(d), 2(e)(1), disclaimers, identification amendments, specimen issues, and the advisories at the bottom. A rule-based reader goes first, then a second model read goes over the letter again, so an issue has to be missed twice to be missed at all. The memo states which issues it drafted and which it left to you.

  3. 03

    Search the trademark register.

    For a Section 2(d) refusal, RE:ACTION searches the current register for marks that share the cited wording. It checks the results against the goods at issue. If the search finds usable third-party registrations, their USPTO printouts are included for Exhibit A.

  4. 04

    Open the Word draft.

    The first page is a memo for the reviewing attorney. The rest of the document contains the draft response, with bracketed placeholders where an applicant fact is absent from the public record. A licensed attorney must review it before filing.

Scope

Current drafting scope

RE:ACTION drafts the issue types listed below. For the other listed issues, the memo names the issue and explains that drafting is unavailable.

Drafted

  • Section 2(d) likelihood of confusion, with exhibits when the register search finds usable evidence
  • Section 2(e)(1) mere descriptiveness
  • Disclaimer requirements
  • Identification of goods and services amendments
  • Specimen refusals

Outlined only

  • Surname, ornamental, geographic, failure-to-function
  • Section 2(f) and Supplemental Register routes
  • Domicile, fee and multi-class requirements

The memo names the issue and lists the available response paths. It also states that RE:ACTION did not draft that section.

Who it's for

For solo and small-firm trademark attorneys.

You handle Office Actions yourself. RE:ACTION prepares a draft from the public record and reports where it needs attorney input. You control the argument and the filing.

The demo

Review the MOLTO draft.

RE:ACTION generated the memo and draft response for MOLTO, Serial 98637751, from the serial number and public USPTO records. The Word file is available exactly as generated.

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Access

Access is available by request.

Tell us about your practice and how many Office Actions cross your desk in a month. Plans are on the pricing page.

Email us for accessWrite to support@reactiontm.com