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Rch 2004 Page 1 Identity and likelihood of confusion: Similarity of signs INDEX CHAPTER 2: LIKELIHOOD OF CONFUSION ................................................3 C. SIMILARITY OF SIGNS......................................................................3 I. SIMILARITY OF SIGNS ......................................................................3 1. Principles underlying the comparison..................................................3 2. Overall impression .

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What are the two most important factors in determining a likelihood of confusion? The two most important factors are the similarity of the marks and the relatedness of goods and services. Similarity involves the spelling, appearance and meaning of each mark. Relatedness of the goods can be tricky.

... the risk that the public might believe that the goods and services in question come from the same undertaking or, as the case may be, from economically linked undertakings , constitutes a likelihood of confusion …

The three evidentiary mechanisms that can be used to prove a likelihood of confusion consist of: (1) survey evidence; (2) evidence of actual confusion; and/or (3) a judicial comparison of the marks in the context of their use. Evidence of actual confusion serves as strong proof of likelihood of confusion.

If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and it's the most common reason for refusing registration.

Therefore, the likelihood of confusion covers situations where: the consumer directly confuses the trade marks themselves; or where. the consumer makes a connection between the conflicting signs and assumes that the goods/services covered are from the same or economically linked undertakings.

The likelihood of confusion is conceived as 'the risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings'.

A likelihood of confusion exists when an allegedly infringing trademark is likely to cause an appreciable number of reasonably prudent purchasers to be confused as to the source or origin of the products or services it is used to identify.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232