You can claim ownership of a prior registration by amending your trademark application. This may overcome the Examiner’s refusal.
How do I respond to a ‘likelihood of confusion’ with a registered trademark I already own?
8 Jan 2012
Trademark Response: How do you present argument?
26 Aug 2011
Most importantly, be persuasive. There are few rules for the format of the argument. The electronic filing system prompts for most rules.
Can I amend a trademark after rejection?
18 Aug 2011
Probably not. Changes can be made, so long as, the changes do not “materially alter” the mark, which will not be enough to overcome the refusal.
