Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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.
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.
Please Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.