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Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6382
Experience:  20 years professional experience.
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I'm trying to understand Trademark simularity if an aperal

Customer Question

I'm trying to understand Trademark simularity if an aperal Comany TM a name like "turtle aperal" could I TM a name like turtle Reef?
Submitted: 8 months ago.
Category: Intellectual Property Law
Customer: replied 8 months ago.
Sorry both companies would be aperal companies
Expert:  Maverick replied 8 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 8 months ago.

Confusing similarity is the legal standard that determines whether or not trademark infringement has occurred. The essential ingredient for the likelihood of confusion test is that consumers encountering one trademark are likely to be confused with a different trademark. It means the incorrect assumption on the part of a hypothetical consumer that the two trademarks belong to the same source. And with likelihood being incorporated into this standard, it must be decided whether the propensity for confusion is strong enough to warrant elimination of the newcomer's use of the mark.

In your case, I think it is fair to say that "turtle apparel" is not likely to be confused with "turtle reef" due to the significant difference in their names.

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