How Trademark Confusion Can Harm Your Trademark Application

Trademark confusion happens when the trademark you want to register is similar to an existing trademark. When this happens, you would be unable to register the mark with the United States Patent and Trademark Office (USPTO).

Trademarks are source identifiers. This means that they help people identify the products or services of a company

Throughout the evolution of trademarks, one thing has remained central — protecting consumers. So, one of the purposes of trademarks is to ensure that consumers can identify a defective product by its producer.

With trademark confusion, a consumer will not be able to identify the manufacturer of a defective product and hold it accountable. Trademark confusion can also lead to passing off. This happens when one a producer tries to imitate the trademark of another successful company in order to benefit from its existing goodwill.

Over their lifetime, a lot of consumers have had experience with trademark confusion. A relatable example is when you buy medicine only to discover that you bought a different drug from the one you wanted. You bought the wrong one because the packaging of the drugs was similar. This also happens to other types of products and even services.

How To Prevent Trademark Confusion

In order to minimize confusion, the USPTO would not register a trademark that is similar to an existing one. So, before you decide to register a trademark, it is important for you to be sure there will not be trademark confusion.

Making sure that your trademark will not be rejected also helps you save time and resources. It is quite a waste of resources for you to expend time and money in designing a trademark, only to have it rejected by the USPTO.

The following are things you should be on the lookout for to prevent trademark confusion:

• Strength of the mark
• Similarity of the marks
• Marketing channels used
• Proximity of the goods.
• The type of goods and the degree of care purchasers are likely to exercise.
• The likelihood of expanding product lines.
• Defendant’s intent in selecting the mark
• Evidence of actual confusion

Save Time And Resources With A Trademark Attorney

If you have already applied for a trademark and it was rejected, you should get in touch with a trademark attorney. A trademark attorney will help you evaluate the trademark and consider your chances of finally getting it approved.

In some instances, all you require to get your trademark approved by the USPTO is a slight modification of the existing mark. In other instances, you need to create a new trademark. With a trademark attorney, you would know the next step to take and won’t waste time on a wild goose chase.

If you are about to apply for a trademark, make sure you get in touch with a trademark attorney beforehand to make sure the process goes smoothly.