Likelihood of Confusion Explained by Your Trademark Attorney

//Likelihood of Confusion Explained by Your Trademark Attorney

Likelihood of Confusion Explained by Your Trademark Attorney

In cases of infringement throughout Tampa, your trademark attorney will need to prove that others using marks similar to yours are causing a “likelihood of confusion” among consumers. The intellectual property attorneys at Larson and Larson want to help you understand what “likelihood of confusion” really means. Here, we will reveal three simple ways to test whether your brand is being infringed.

Similarity

When you register your sign, emblem, expression, or design to differentiate your name with the help of a trademark attorney in Tampa, you have a specific goal in mind. The role of your trademark is to distinguish your products or services from others available on the market. When someone else begins to use a similar name or logo, they may confuse your customers, clients, or followers. When the buyer is likely to start associating another brand with yours due to the similarity in the look of your logo or name, your company may be facing a trademark infringement case.

Evidence of Confusion

The most substantial thing to bring to the courtroom is evidence of actual confusion. If you have proof that your customers or potential customers bought or requested the services from a company that appears to mimic yours (in how the brand looks or how it is being marketed), your trademark attorney will review your case in Tampa. Here, the details matter. Were your potential customers familiar with your brand first? Were they careful in how they selected the products for purchase? Was confusion between your name and the off-brand very likely to happen?

Brand Strength

One thing to keep in mind is that the strength of your brand matters in infringement cases. The trademark office categorizes designations into four groups.  From strongest to weakest the groups are: (1) Arbitrary and Fanciful, (2) Suggestive, (3) Merely Descriptive, and (4) Generic.  In general, it is easier to prove likelihood of confusion of a stronger trademark, than a weaker one.  The extent of advertising of the mark, who started using the mark first, and whether the infringer is offering similar goods or services are all factors that your Tampa Trademark Attorney must consider when determining whether a likelihood of confusion exists.

Call Larson and Larson When You Need a Trademark Attorney

Is your business affected by trademark infringement? Your trademark attorney right here in Tampa Bay can help you determine if you have a case. In addition, we can assist in gathering the evidence to stand your ground in court. Call Larson and Larson at 727-546-0660 or contact us online to schedule your consultation and regain the competitive edge that your brand worked hard to build.

2017-10-19T16:53:34+00:00October 19th, 2017|Trademarks|