How to Compare Trade Marks
- Jul 27, 2024
- 1 min read
How do you compare 2 trade marks?The comparison of 2 trade marks has a number of critical elements which are combined to assess whether one trade mark is deceptively similar to another.
Remember that the comparison relates to the practical challenge in hte minds of potential customers.
Deceptive similarity is not made by comparing trade marks side-by-side, it is based on the impresson and recollection that an ordinary memory would have.
The comparison must allow for the recollection to be imperfect.
It can be important to consider the spoken description and the way that a trade mark sounds when pronounced.
Ultimatlely there must be a real tangible danger of deception or confusion before the marks are considered to be deceptively similar.
It is only concluded that the trade mark is likely to cause confusion if a number of people are caused to wonder whethe the two products came from the same source.
The surrounding circumstances of the trade marks being used is also considered, the type of customer, likely purchase situation.
It is important to exclude any information about the way the trade mark has actually been used, the comparison should consider the way it might be used.
Essential features or words may be given a greater importance in the comparison, but the comparison is of the overall impression
