Proximity of the goods to a conflicting mark

When determining whether or not your trademark is likely to be confused with a possibly conflicting mark one of the most important thing to look at is if the goods are related. The closer the goods are to each other the higher the chance of likelihood of confusion being raised by the examiner. An important question is would an average person purchasing these goods be likely to think these items came from the same source? This question is tough because in today’s society the average consumer would expect companies to make a plethora of goods even if they are seemingly unrelated. Factors that should be taken into account include the place where the products are sold, price, whether the goods can be used together, and even the possible dangerous consequences of confusion such as in the case for medicine. If your goods or services are similar or closely related to those of a conflicting mark, then you may want to consider an alternative name.

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