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What Factors Will Be Considered To Determine Confusingly Similar Trademarks?

Generally, courts will look at the following factors to determine whether two trademarks are confusingly similar to each other and likely to cause confusion:

  1. The strength of the plaintiff's mark;
  2. The similarity of the parties' marks;
  3. The proximity of the parties' products in the marketplace;
  4. The likelihood that the plaintiff will bridge the gap between the products;
  5. Actual consumer confusion between the two marks;
  6. The defendant's intent or any bad faith in adopting its mark;
  7. The quality of the defendant's product; and
  8. The sophistication of the relevant consumer group.

Learn More About Obtaining A Trademark

To learn more about trademarks and how they can help protect your brand we recommend contacting our office at (800) 976-4904.

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