One of the most frequent substantive issues raised in office actions is a likelihood of confusion refusal under Section 2(d) of the Lanham Act. The examining attorney will cite one or more existing registrations or prior pending applications that they believe are confusingly similar to the applicant's mark. Overcoming this type of refusal requires conducting research and crafting legal arguments to distinguish the marks and goods/services, often citing case law. Automating the first draft with AI still requires attorney review and customization. The software is a drafting aid, not a complete replacement for attorney analysis.
