What does the USPTO consider a trademark conflict?

24 October, 2018

A conflict exists when one trademark is confusingly similar to another trademark. The main factors used to determine the likelihood of confusion include the similarity of the marks, and the relationship between the products and/or services sold and/or offered under each mark. To be considered a conflict, two trademarks do not have to be identical to one another and the products (“goods”) and/or services associated with the marks do not have to be the same. It may be enough that the trademarks are in some way similar and the products and/or services are related in some way. In some cases, trademarks that may seem similar can both be successfully registered if they are unlikely to confuse a consumer. For example, two trademarks that may seem similar can both be allowed if they are used for unrelated products or services.