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Monday, July 01, 2019 7:39:30 PM
The most common are:
Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed. In evaluating an application, the examining attorney conducts a search of USPTO records to determine whether there is a conflict between the mark in the application and a mark that is either registered or pending in the USPTO.
The principal factors considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks.
To find a conflict, it is not required that the marks and the goods/services be exactly the same; instead, it is sufficient if the marks are similar and the goods and or services related such that consumers would mistakenly believe they come from the same source.
Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion. The following are some examples of marks that would be considered similar:
The marks are similar because, when the Italian word “LUPO” is translated into English, it means “WOLF.”
https://www.uspto.gov/trademark/additional-guidance-and-resources/possible-grounds-refusal-mark
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