Confusingly similar

To answer an objection or opposition to a trademark registration, identifying when a trademark is identical or confusingly similar to another is of vital importance. similar identical

The assessment may be directed to two elements of the trademark: (1) sign; (2) goods and/or services.

The first element concerns letters, words, figures and other things that may be used as trademark. To determine if a sign is identical or confusingly similar to another we must take into account:

  • Visual: Do they look the same or very alike?
  • Aural: Do they sound identical or too similar?
  • Conceptual: do they share the same meaning or they are synonyms or they are interchangeable terms?

The second could be a litter more complex, involving an analysis on what the trademark represents, that is, goods and/or services. It is necessary to establish:

  • Nature of the goods and/or services
  • Purpose of the goods and/or services
  • Usage of the goods and/or services
  • Determine whether the goods and/or services are in competition with each other or if they may substitute each other
  • Level of attention of the consumer according to goods and/or services

The class in which they have been requested or registered is not a final factor, since the goods and/or services on the same class could be entirely unrelated.

Versión en español | Spanish version

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