LOCA™
Don't Guess. Know.
Trademark refusals aren't arbitrary. They are math problems. The LOCA™ Report uses data from 600+ legal precedents to calculate your exact probability of success.
Real case law data, not theory.
Every nuance of your mark stressed-tested.
Baseline, Weighted, and Proportional.
How We Calculate Your Probability
Probability vs. Possibility
A refusal is only proper if the examining attorney establishes that confusion is probable, not just possible. A "theoretical possibility" is not grounds for refusal. We analyze the "Preponderance of Evidence"—meaning we must prove it is more likely than not that consumers will not be confused.
Dynamic Scoring Models
We use three scoring models (Baseline, Weighted, and Deviation) because dynamic scoring is based on the fact that confusion is a case-to-case basis.
We interpret your results on a scale of 1-10. A score below 7.0 means the issue is surmountable and the probability of confusion is legally insufficient.
Data Requires Execution
The LOCA Report reveals the strategy, but data alone isn't enough. Mind Marker invests 15-20 hours per case to draft 30-40 pages of argument to execute the strategy the data reveals.
Full Factor Stress-Test
*Factors are weighted dynamically based on case specifics.
Probability of confusion is below threshold. Merits exist to overcome refusal with proper argumentation.
The Strategy Blueprint
We create a "Reasoning Summary" for every factor. This is the architectural blueprint for your legal response, citing specific precedents that should dictate the outcome.
| Factor | Strategic Reasoning (Sample Output) |
|---|---|
| F1 Similarity | "Marks are phonetically identical. However, the Junior Mark's stylized logo creates a distinct visual impression compared to the Senior Mark's standard text." |
| F2 Relatedness | "Goods are identical (Apparel). This factor favors confusion, requiring us to pivot to the weakness of the cited mark to overcome the relatedness presumption." |
| F3 Breadth | "N/A. Insufficient data on family of marks." |
| F4 Channels | "Trade channels overlap (online sales). Argument must focus on distinct consumer targeting within those channels." |
| F5 Sophistication | "Impulse purchase items suggest lower care, typically favoring confusion. We counter by proving brand loyalty distinguishes source." |
| F6 Conceptual | "Primary Defense: The phrase is widely used and laudatory. It is conceptually weak and entitled to narrow protection. Past cases dictate that weak marks allow for closer coexistence." |
| F7 Commercial | "No evidence of fame for the senior mark. Weak commercial strength limits the scope of protection against similar marks." |
| F8 Actual Confusion | "No reported instances of actual confusion in the marketplace to date." |
| F9 Conditions | "Strongly favors confusion. The purchasing environment for apparel creates quick decisions, increasing likelihood of error." |
| F10 Meaning | "Meaning is identical. 'I'M' is a contraction of 'I AM.' Both convey self-confidence. This factor must be countered by F6 weakness arguments." |
Frequently Asked Questions
Everything you need to know about the LOCA™ process.