Tag: Trademark Comparison

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.

Is my trademark similar to another?

Figuring out whether or not your trademark is similar to another is not as easy as one might think, but it is very important to consider before attempting to gain registration. Taking your trademark and looking at it side-by-side with another will not answer this question because more than just appearance is taken into account. Sound and meaning are also very important aspects. In addition, it is important to remember that trademarks will be judged as a whole and not by their individual components. Other things to take into account are the market place your product will be sold in and whether or not your goods are similar to those of the other trademark. When judging marks for similarity remember that those purchasing your products will not have perfect memory of the trademarks and thus more prone to be confused than you. Certain similarities may be acceptable such as if the mark is overall weak or the similarities have to do with generic portions which have been disclaimed. In certain cases, packaging or some other form of distinct presentation may make a difference, but not always.

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