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Likelihood of confusion: what does it mean?
July Laban July Laban

Likelihood of confusion: what does it mean?

One of the most common rejections (“office actions”) the United States Patent and Trademark Office (USPTO) issues is under Section 2(d) of the Lanham Act. This section of the law states that any trademark that so resembles a mark registered with the USPTO, or a mark or trade name previously used in the United States by another and not abandoned, which is likely to cause confusion, mistake or to deceive when used on or in connection with the goods of the applicant, the application should be rejected by the USPTO. In English: if an application is so similar to an already registered trademark, such that it would cause confusion in the public, the USPTO will refuse registration to the applicant.

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