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Know your examiner's refusal rate

See what you get

948 active examiners · 15.4M office actions · every figure from the public record

Representative exampleLast 3 yrs · n = 142

Jane Doe

Law Office 116·Examining since 2010Active

38%of applications drew a §2(d)

Refusal mix — independent rates, an app can draw more than one

§2(d) likelihood of confusion61%
Descriptiveness18%
Surname4%
Geographic3%
Multi-basis22%

What to expect — Refuses more than most and rarely backs down at initial — but on §2(d) Finals they've been moved 31% of the time, and narrowing the goods helps most.

01 / 04

Will I draw a refusal?

Start with the odds. This examiner refuses more often than most — and §2(d) likelihood-of-confusion is where it concentrates.

02 / 04

How hard is this fight?

One number against the active fleet — how hard this examiner is to beat, not just how often they refuse. An 8 means refusals tend to stick and they rarely back down.

03 / 04

If I push past Final, do they relent?

Stubborn at initial isn't the whole story. Past the Final, this examiner has been moved — and how you move them is specific.

04 / 04

What reg are they citing — and does it give way?

The sharpest read: the specific registrations behind their §2(d)s, ranked by whether applicants have gotten past them — and the move that worked.

Representative exampleLast 3 yrs · n = 142

Jane Doe

Law Office 116·Examining since 2010Active
01 / 04

Will I draw a refusal?

Start with the odds. This examiner refuses more often than most — and §2(d) likelihood-of-confusion is where it concentrates.


38%of applications drew a §2(d)

Refusal mix — independent rates, an app can draw more than one

§2(d) likelihood of confusion61%
Descriptiveness18%
Surname4%
Geographic3%
Multi-basis22%
02 / 04

How hard is this fight?

One number against the active fleet — how hard this examiner is to beat, not just how often they refuse. An 8 means refusals tend to stick and they rarely back down.


8/10

More difficult than ~70% of active examiners.

47%
Escalate to Final
54%
Reach publication
03 / 04

If I push past Final, do they relent?

Stubborn at initial isn't the whole story. Past the Final, this examiner has been moved — and how you move them is specific.


31%of §2(d) Finals withdrawn on reconsideration
18%withdrawn without needing a consent — not a coexistence agreement
41%withdrawn when goods were voluntarily narrowedn=34 · vs 31% baseline
04 / 04

What reg are they citing — and does it give way?

The sharpest read: the specific registrations behind their §2(d)s, ranked by whether applicants have gotten past them — and the move that worked.


8 of 11got past Reg. 4,705,838 — usually by consent
Reg. 4,705,8388 of 11
Reg. 3,892,1146 of 11
Reg. 5,114,2074 of 13

The §2(d) detail report ranks every cited reg on this docket

What to expect — Refuses more than most and rarely backs down at initial — but on §2(d) Finals they've been moved 31% of the time, and narrowing the goods helps most.

The gap

A case list isn't a strategy.

Other tools give you an examiner's registration rate and a list of cases. CrystalMark tells you whether you can beat this refusal— and the move that's actually worked.

What you get · Base, for everyone

The whole behavioral read,
before you respond.

Lead with breadth. Before you draft a response, read how this examiner refuses, how hard they push, and where they fold — every rate against the active fleet, every figure with its sample size.

Refusal fingerprintLast 3 yrs · n = 142
38%of applications drew a §2(d)+12pp vs active fleet
§2(d) likelihood of confusion61%
Descriptiveness18%
Surname4%
Geographic3%
Multi-basis22%

Rates are independent — an application can draw a §2(d) anda descriptiveness refusal at once, so these don't sum to 100%. The fingerprint is what they refuse on, not a single pie.

Difficulty, scored
8/10

More difficult than ~70% of active examiners.

Rarely backs down once a §2(d) is on the table — that staying power, not the 58% raw refusal rate (+21pp vs fleet), is what difficulty keys on.

Driven by how often a refusal sticks — maintained, folded, or reversed — and the rounds it takes, not just how often they refuse.

Escalation & resolution
47%
Escalate to Final
54%
Reach publication

Rarely folds at the initial action — they make you earn the publication.

First office action 3.2 mo · 2.1 rounds — queue-bound timing, shown as fine print, not a selling point.

Recency trend
Hardening

§2(d) refusal rate up ~6pp over the last three years — this examiner is getting tougher, not softer.

The window matters: a five-year average would hide the recent move.

The edge · §2(d)

Stubborn at initial.
Movable at Final — if you know the move.

The question the whole field leaves unanswered: once you're past the Final, will this examiner ever back down — and do you need a consent, or can you get there without one?

31%

of their §2(d) Finals were withdrawn on reconsideration.

Will they move? Yes — about a third of the time, even after a Final.

18%

were withdrawn without needing a coexistence agreement.

Do you need a consent? Not always — nearly one in five came down without one.

41%

were withdrawn when the goods were voluntarily narrowed.

Does narrowing help here? Yes — 41% vs a 31% baseline (n=34). Cut the overlap.

Recent window · n = 142. Framed at the application level — we don't fabricate per-move success bars.

Pro · §2(d) detail report

Which barriers give way — and how.

Enter your examiner and the cited reg numbers off your refusal. We return the read from our corpus — your case never needs to be in our system.

The reg you were flagged on comes first when it has the sample; a field-level read by the application's class is the fallback when that reg is too sparse — always with the sample size and which level it came from.

Hours of TSDR digging, in one screen.

Representative output · across this examiner's §2(d) refusals

Reg. 4,705,838reached approval in 8 of 11 · usually by consent

Soft barrier — pursue a consent from the registrant.

Reg. 3,892,114reached approval in 6 of 11 · usually by narrowing the goods

Delete the overlapping items.

Reg. 5,114,207reached approval in 4 of 13 · usually by argument only

The wall — weigh a coexistence strategy or a fallback mark.

The play. Lead with a consent on 4,705,838 and narrow against 3,892,114; 5,114,207 rarely gives way.

The green metric is "reached approval after the §2(d)" — never "the reg was withdrawn."

A secondary read · all-time

What happens if you appeal.

A read nobody else frames: when applicants took this examiner to the Board, how did it end? A thin, all-time sample (n=11) — and some appeals resolve on procedure, not the merits — so read it as posture, not a scoreboard. Of the 11 —

5Examiner backed down
3Reversed on appeal
2Examiner won
1Applicant gave up

The examiner conceded more often than they won — directional leverage when you're weighing an appeal, not a guarantee (some of these ended on procedure, not the merits).

Career counts · all-time
204
First-Action §2(d)
76
Final-Action §2(d)
11
TTAB appeals
3
TTAB reversals

All-time totals — kept distinct from the recent-window rates above, which is the number you actually respond against.

Honest proof

Every figure traces to the public USPTO record.
Verify it yourself.

We're new — est. 2026 — so we don't ask you to trust a quote. Each number is computed from the public file history, against an active-fleet benchmark, with the sample size shown.

01

Built on public record

Every figure is computed from the public USPTO file-wrapper history — attorney↔examiner office actions and TTAB cases. Nothing private.

02

Every number is checkable

Click any figure to see the applications, office actions, and cases behind it. Provenance, not a number you take on faith.

03

Sample sizes shown, honestly

Every rate carries its n and window. On a thin examiner we say "Based on 41 §2(d) actions — read directionally" rather than fake precision.

04

Active-fleet benchmarks

"Harder than 70%" is measured against the examiners taking cases today — not an all-time average that flatters the number.

No testimonials. No logo wall. No invented success stats. The credibility play is verifiability.

Your client's refusal
isn't unbeatable.

See the moves that worked on this examiner.