Possible Grounds for Refusal of a Trademark
The USPTO may refuse to register your mark on numerous grounds. The most common is likelihood of Confusion. In evaluating an application, the examining attorney conducts a search to determine whether there is a conflict between the mark in the application and a mark that is either registered A confl
Similarity of two marks.Two marks can be similarity in sound, appearance, or meaning. Note that the marks do not have to be identical to be in conflict. When marks sound alike when spoken, are visually similar, and/or create the same general commercial impression in the consuming public's mind, the marks may be considered confusingly similar.
Relatedness of Goods and/or ServicesThe examine attorney does not refuse a trade mark application on the ground of likelihood of confusion merely because two marks are found to be confusingly similar. A refusal is made when the two confusingly similar marks are used in commercially related fields. Note that there is no strict mechanical test for determining relatedness of goods and services.
In ConclusionThe rule of thumb is that two confusingly similar marks are used in such a related fields that consumers are likely to assume (mistakenly) that they come from a common source. Trademark registration is a time consuming process. In order to save time, it is advisable to seek attorney's help. Contact us at www.lindaliangandassociates. or 954 892 5517 with your questions.