If the USPTO issues a refusal based on likelihood of confusion, you may be able to overcome it. For example, you may be able to provide legal arguments and evidence that prove why there isn’t likely confusion. Or, you might be able to prove that the confusingly similar mark is no longer active. Depending on your situation, more options may be available. However, none of the routes are simple—you will likely need an attorney’s help to overcome such a refusal. It is not always possible to overcome likelihood of confusion once it’s discovered by the USPTO. In such instances, you may need to choose a new trademark.