Intellectual Property Law

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Intellectual Property Law

I'm trying to understand Trademark simularity if an aperal

Customer Question
Comany TM a name...
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 year ago.Category: Intellectual Property Law
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Customer reply replied 1 year ago
Sorry both companies would be aperal companies
Answered in 8 hours by:
9/7/2016
IP Lawyer: Maverick, Lawyer replied 1 year ago
Maverick
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Category: Intellectual Property Law
Satisfied Customers: 6,425
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IP Lawyer: Maverick, Lawyer replied 1 year 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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