How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 5751
Experience:  20 years experience as a civil trial and appellate lawyer
Type Your Legal Question Here...
Maverick is online now
A new question is answered every 9 seconds

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: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
Sorry both companies would be aperal companies
Expert:  Maverick replied 1 month 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 1 month 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.

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.

Related Legal Questions