Tag: Conflicting trademark

Reverse Confusion

One possible outcome of a likelihood of confusion fight is reverse confusion. Reverse confusion is when the infringing newer trademark is more well-known than the senior trademark. This can happen if the younger mark was the subject of an advertising campaign and potential customers are more likely to recognize it than the older mark. This finding can of course be detrimental for the owner of the older mark as consumers may pass when purchasing their goods because they think the older mark is the infringer. Reverse confusion may also be bad for the younger mark if it is found that they used or advertised the new mark with disregard for the older mark’s status. This bad faith move can result in damages. Reverse confusion can add complications and risks for both sides. Like regular likelihood of confusion, it is best avoided through careful searching and selection of a trademark prior to filing.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Purchaser Sophistication

One factor that is taken into account when determining likelihood of confusion is how sophisticated and knowledgeable the customers purchasing your goods or services are. The more sophisticated they are the less likely they would be to confuse conflicting trademarks. This is something that should be considered as you begin your new trademark application. If you are selling goods or services to professionals rather than the general public the sophistication may be considered high. If you are only selling to the general public, then it may be low. Ordinary purchasers are less likely to have as much specific knowledge in regards to what they are purchasing and a professional is more likely to discriminate between trademarks. The amount of attention a potential purchaser will pay when considering. Will they think about the various products available or just grab what they see first? Is this in an impulse purchase or would it involve careful consideration? These are all important questions when analyzing a conflicting mark this is for similar goods and services.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.