There are many reasons why a proposed trademark or service mark for your company could be, unfortunately, rejected by the U.S. Patent and Trademark Office. After working countless hours on a splashy logo for your brand, having your application refused can be quite frustrating. One reason trademark applications are sometimes rejected is due to the examining attorney’s finding that it would produce a likelihood of confusion for consumers.
Likelihood of Confusion, Defined
In the context of trademarks, a likelihood of confusion is referred to as affecting a consumer. The primary purpose of trademarks is to identify the source of goods or services. If a proposed mark conflicts with an existing mark that is already registered or in use, a consumer might mistake the source of the goods or services.
Several Factors Used to Help Identify Likelihood of Confusion
There are many factors that can be considered when the examiner at the USPTO office is determining whether a likelihood of confusion exists. A few important factors could be:
- The similarity of the goods or services being offered by the prospective holders of the two marks. If a logo for a company that sells pool supplies is being compared against a logo for a food services company, the logos will probably not cause a likelihood of confusion. If both companies are involved in the food and hospitality industry, though, it’s likely that the proposed mark would be refused.
- The similarity in appearance. As we saw before, a logo that looks similar to one already registered in use may not be enough to be refused based on likelihood of confusion. However, a specific product that has a name extremely similar to a proposed mark (such as RANCHOS vs. BRANCHO) would cause the applicant to run into trouble.
- Consumers’ due diligence when buying the types of products in question. The typical consumer will spend much more time considering which car to purchase than deciding which brand of detergent to buy at the drugstore. So, it follows that a consumer would be more likely to be confused by detergent from a company named “Tyde” than to be mistaken about the manufacturer or his or her car.
If you want to dive further into this topic, check out this page from the USPTO’s website that shows real-life examples of proposed marks that were refused due to likelihood of confusion.
Contact Lockhart IP
Likelihood of confusion is an exceedingly common reason for refusal of a trademark application. While a refusal on this basis is frustrating, an infringement case will likely be far worse due to penalties and having to scrap your company’s central ideas. A thorough trademark search can usually help you avoid likelihood of confusion for your mark.
Another resource that will prove to be far more helpful is a knowledgeable and accessible intellectual property attorney like Curt Lockhart. Our firm is focused on providing the legal experience that you need through our personalized services and fees. Contact us here through the website to schedule a consultation with our team today.