What is trademark confusion?
A trademark (or trade name) causes confusion with another business's trademark (or trade name) if the use of both
trademarks in the same area (e.g. selling the same or similar products/services) causes consumers to believe that the two companies are the same or related.
In determining whether trade-marks or trade-names are confusing, several factors are considered including:
(a) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known;
(b) the length of time the trade-marks or trade-names have been in use;
(c) the nature of the goods, services or business;
(d) the nature of the trade; and
(e) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them.
(Subsection 6(5) of the Trademarks Act)
Avoiding Trademark Confusion & Registering your Trademark
Using a trademark that is confusingly similar to another's business's trademark (whether it is a registered or an unregistered trademark) exposes your business to risk and liability.
As well, you cannot register a trademark if it is confusingly similar to a registered trademark and/or a pending trademark
Doing a trademark search prior to adopting a trademark can help you determine whether your proposed trademark is available
and can be registered.
Contact Sander Law today to search & register your trademark.
The above content is for informational purposes only and is not legal or professional advice.