Trademarks: likelihood of confusion

Posted by Jane on June 24, 2015 / Posted in Trade Marks
When considering if two signs are similar- this has to be viewed under the principle of likelihood of confusion.

Trademarks: likelihood of confusion

When considering if two signs are similar- this has to be viewed under the principle of likelihood of confusion. In other words are the trademarks capable of suggesting that the goods or services originate from the same economically linked source.

Signs are similar if the goods are identical (and earlier sign is distinctive enough) and the relevant public would be confused that the two products are economically from the same source- i.e. they would be confused.

Basis for comparison of the marks

Over impression

When considering if two trademarks are similar The Court stated in Sabel that the global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on an overall impression given by the marks, bearing in mind their distinctive and dominant components.

This means that the relevant consumer normally views a trademark as a whole and does not break it down or analyse its various details. When assessing similarity we must take into account the global appreciation of the trademarks and not just some isolated elements.

Distinctive and dominant parts are very relevant in assessing similarity of the trademark.

This means that most marks we will focus on the dominant element- that which makes the mark stand out. It is the distinctive part that requires further judgement. So parts of the word that are generic ie Apple Computer and Apple hairdryer- we would disregard computer and hairdryer the purposes of assessing similarity.

Jane@trademarkroom.com
wwww.trademarkroom.com

trademark trademarks trade mark risk of confusion

Jane Coyle
This entry was posted on June 24, 2015 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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