The "Likelihood of Confusion" at a glance
Updated on : 2020-Oct-21 13:19:19 | Author :
Reasons a Trademark Application might Get Rejected: "Likelihood of Confusion"
There are many common grounds utilized by the U.S. Patent and Trademark Office (USPTO) to refuse to register a trademark. Among the foremost common is that the "likelihood of confusion" with another registered trademark. this is often a legal basis that the USPTO might use to refuse registration of your trademark or service mark as a result of it's possible to conflict with a mark or marks already registered or unfinished before the USPTO.
After a trademark application is filed, the appointed USPTO examining professional can search the records to work out when such a conflict exists among the mark within the application and another mark that's registered or unfinished before the USPTO. The USPTO won't conduct any preliminary searches for conflicting marks before a mortal file an application and can't give legal recommendation on whether or not a selected mark may be registered.
Below you'll realize a discussion of the principal factors thought of by USPTO examining professional and wherever you'll be able to select legal facilitate with a rejected trademark application. For additional info. contact lenstax expert team.
Principal Factors
The principal factors thought of by the examining professional in deciding whether or not there's a probability of confusion are:
the similarity of the marks; and the business relationship between the products and/or services listed within the application. To find a conflict, the marks don't ought to be identical, and therefore the product and/or services don't ought to be an equivalent. To be clear, your trademark doesn't get to be precisely the same as a registered mark. The question falls on whether or not an affordable person would be confused by the existence of 2 similar marks.
It may be enough that the marks are similar and therefore the product and/or services connected. If a conflict exists between your mark and a registered mark, the examining professional can refuse registration on the bottom of the probability of confusion.
If a conflict exists between your mark and a mark in a very unfinished application that was filed before your application, the examining professional can send word you of the potential conflict and probably suspend action on your application. when the earlier-filed application registers, the examining professional can be refuse registration of your mark on the bottom of the probability of confusion.
Getting Legal facilitate With a Rejected Trademark Application
If you've got had the drawn-out method of trying to register your trademark, you must initially take the time to examine if it's an affordable probability of succeeding. an excellent start is consulting with a business and law professional who focuses on trademark matters. several attorneys will assist you to search all the databases that you just can get to if you're getting to avoid having a conflict with another mark. Before you invest the cash in federal registration, verify the law and therefore the facts.
Additional Resources
