There can be many reasons why the U.S. Patent and Trademark Office (USPTO) might reject your trademark idea. It can be disappointing if you spend a lot of time coming up with a name or making your logo and they do not approve it for registration. One big reason they might reject your trademark is because they think your trademark may confuse customers.
What is Likelihood of Confusion?
When we talk about trademarks, likelihood of confusion means that customers might think your business is someone else’s. Trademarks are supposed to show where a product or service specifically comes from. If a new name or logo is too much like one that already exists, people might think they’re buying something from one company when it is really from another company.
How to Tell If There Might Be Confusion
The trademark examiner will compare your trademark to other registered trademarks to see if the marks might confuse people. The examiner will also check if these trademarks sell the same products or services. They can be similar in:
- Sound: Trademarks can sound the same, even if they are spelled differently.
- Appearance: Trademarks can look the same (colors, lettering, etc).
- Commercial Impression: Customers might think one is the same as another.
The likelihood of confusion is a very common reason for a trademark application to be rejected. A thorough trademark search can usually help you avoid accidentally infringing on someone else’s trademark.
One of the best things you can do is talk to a lawyer who really understands trademarks, like our team at Lockhart IP. We are here to give you the legal help your business needs, with expertise and services personalized for you. Book a consultation with us today and protect your business’s unique name and brand!