Turn a Trademark Refusal
Into an Approval.
Get a data-backed defense strategy that increases your odds of reversal. The USPTO uses subjectivity; we use 150+ data factors to construct your argument.
Generate your free 15-point LOCA™ analysis.
| Factor Analysis | Score | Weight |
|---|---|---|
| Similarity of Marks | 5.0 | High |
| Relatedness of Goods | 9.0 | Crit. |
| House-Mark Breadth | 5.0 | Med |
| Trade Channels | 8.0 | High |
| Commercial Strength | 5.0 | Low |
| Actual Confusion | 5.0 | N/A |
| Final Index Score | 5.8 / 10 | |
Decoding The Data
We translate the USPTO's subjectivity into a predictable mathematical model. Here is what the LOCA™ Report delivers:
150-Point Factor Scoring
We score 150 distinct data points—from trade channels to house-mark breadth—giving you a granular view of exactly where the Examiner’s logic fails.
Predictive Modeling
Using computational statistics, we stress-test your mark against three distinct legal models before we ever file a response.
The "Index Score" Verdict
Your final Index Score dictates strategy: whether we argue distinctiveness, attack relatedness, or negotiate consent.
The Execution Protocol
Mind Marker is a full-spectrum administrative support firm. Included in our platform is the complete management of your USPTO defense.
Data-Driven Drafting
We don't use templates. Our team constructs a custom administrative response (~20 pages) citing specific TTAB precedents that mirror your case facts.
Evidence Assembly
Built right in is the ability to capture marketplace evidence. We format sales figures, marketing channels, and consumer perception data into USPTO-compliant exhibits.
Strategic Filing & Monitoring
The major step is the submission. We manage the TEAS portal, ensure all deadlines are met, and monitor the status of your application post-filing.
Mind Marker Intelligence
We consolidated trademark defense into one precision system.
Eliminate hourly billing. We offer fixed-fee transparency and shared risk—you don't pay the success fee unless you win.
Stop the refusal loop. We analyze 150+ data points specific to your case, closing the door on circular USPTO arguments.
Never hit a dead end. Our packages include strategic refiling and reconsideration requests, creating a guaranteed safety net.
System Architecture
We do not rely on templates. We rely on the LOCA™ (Likelihood-Of-Confusion Analysis) engine. This proprietary system evaluates 150 unique data points to construct the statistically strongest defense for your mark.
Logic Audit
- Examiner Argument Stress-Test
- Identification of Goods Analysis
- Procedural Flaw Detection
Data Mining
- 150-Factor Scoring System
- 3,000+ Case Precedent Match
- Consumer Perception Evidence
Case Assembly
- DuPont Factor Argumentation
- 20+ Page Legal Response Draft
- Strategic Refiling (If Required)
Contingency Protocols
Most firms stop at the first "No." We don't. Our packages include built-in safety nets to ensure you never hit a dead end.
See In re Restaurant Concept Management.
See In re Hussmann Corp.
See In re Sycamore Growth Group.
Constructing The Defense
We don't just list facts. We weave data, precedent, and logic into a compelling narrative structure that Examiners can't ignore.
Citation Integration
Every argument is anchored by specific TTAB precedents (e.g., In re Sycamore Growth). We prove your case isn't just an opinion—it's established law.
Weighted Factor Scoring
Subjectivity kills applications. We assign numerical weight to every du Pont factor (1-10 scale), quantifying exactly why the confusion risk is mathematically low.
"Crowded Field" Strategy
If your name is common, we turn that weakness into a weapon. By proving the field is "crowded," we legally force the USPTO to narrow the Registrant's scope of protection.
The Market Reality
You have three choices: pay hourly, do it yourself with a form, or hire a specialist. Here is how the data stacks up.
| Feature Protocol | Traditional Law Firm |
Filing Company |
Freelancer (Generalist) |
MIND MARKER Specialist |
|---|---|---|---|---|
| Methodology | Subjective Opinion Based on one person |
Form Completion No legal strategy |
Variable Process Inconsistent quality |
LOCA™ Data System 150-Factor Analysis |
| Cost Structure | Hourly Billing $350-$600 / hour |
Low Intro Fee Hidden upsells later |
Mixed / Hourly Unpredictable total |
SuccessPay™ Fixed & Success-Based |
| Specialization | General Practice Broad IP focus |
High Volume Simple filings only |
Generalist Lack of depth |
§2(d) Refusals 100% Laser-focused |
| Risk Allocation | Client Pays 100% Regardless of result |
Client Pays 100% No safety net |
Client Pays 100% |
Shared Risk Success Fee Waived if Denied |
Response Packages
Select your level of defense. Upgrade your odds.
Total Max Cost: $897
- ✓ LOCA™ Analysis Included
- ✓ Draft Response (30 Days)
- ✓ 3 Rounds of Revisions
- ✓ $150 Service Credit
- × We File For You (You File)
Success Fee ($799) only if approved.
- ✓ LOCA™ Analysis Included
- ✓ We File For You (Full Mgmt)
- ✓ Unlimited Revisions
- ✓ "Plan B" Refiling Included
- ✓ $300 Service Credit
- ✓ Risk Sharing: Success Fee
No hidden fees.
- ✓ LOCA™ Analysis Included
- ✓ Expedited: Draft in 15 Days
- ✓ We File For You (Full Mgmt)
- ✓ Strategic Refiling Included
- ✓ $500 Service Credit
- ✓ Request for Reconsideration
Proven Precedents
The USPTO record confirms: Evidence Persuades.
F.A.Q.s
Operational details and scope of service.
Are you a law firm?
How does "SuccessPay" work?
What is the LOCA™ Risk System?
Are government fees included?
Do you guarantee success?
Is my data secure?
Can I pay in installments?
How are you different from a standard lawyer?
Do you handle initial trademark filings?
How long does the process take?
What happens if I miss my deadline?
Can foreign applicants use your service?
What is a §2(d) Refusal?
What is the "Service Credit"?
What if the first response is denied?
5 Reasons Not To Abandon
Your Application
A Section 2(d) "Likelihood of Confusion" refusal is an opening negotiation, not a final verdict. Here is why you must hold your ground.
Subjectivity is Not Fact
Examining attorneys are human. Their confusion analysis is an opinion, not a scientific certainty. Our LOCA™ System frequently proves that what one examiner sees as "confusing," the law sees as distinct.
The "Dead Wood" Factor
The USPTO register is cluttered with trademarks that are no longer in use. If the cited mark is "dead wood," we can clear it from your path without ever arguing about the similarity of the names.
Coexistence is Possible
Business reality often trumps theoretical confusion. Through Consent Agreements, we can often negotiate with the cited mark owner to allow both brands to exist, bypassing the USPTO's concerns entirely.
Rebranding Costs More
Abandoning your application means destroying your brand equity. The cost of a strategic legal response is almost always lower than the cost of changing your domain, packaging, signage, and marketing.
It's Only The First Round
Over 80% of applicants give up on the first Office Action. This is a mistake. The first refusal is merely the USPTO's initial impression. A well-structured legal argument reverses these initial impressions every day.
Outcome Verification
Real results from the LOCA™ system.
THE CLOCK
IS TICKING.
Deadlines don't move. You can stare at the refusal letter and worry, or you can get the data to fight back.
Precision prevails. Secure your asset before the window closes.