Corporate Compliance and Governance Blog

In a recent post, we talked about the Likelihood of Confusion associated with trademark infringement by identifying some of the contributing factors.

So now that you know what can make two separate trademarks confusingly similar, how do you identify who might be using a conflicting brand in the marketplace?

The first, and easiest way to do that is to run a search on your favorite search engine to be sure nothing comes up with the exact same name. But that will just scratch the surface. There are two important steps that you should absolutely take when determining if the trademark you plan to use will conflict with that of another....

Continue reading "Trademarks - Who Else Might Be Using Your Name?" »

When it is time for you to consider a name for your company, product, or design of your logo, you'll want to consider closely how likely it is that it could be considered confusingly similar to other existing trademarks. In the United States, trademark protection is based on first use. So if you have come up with a fantastic new name or exciting logo, it won't be so fantastic if someone with a similar trademark opposes your use of it. The expenses for defending your use of that great trademark can reach well beyond the means of a small business owner.

So how do courts and the United States Patent and Trademark Office determine the likelihood of confusion?

The following SEVEN factors are a good start...

Continue reading "Likelihood of Confusion - Protect Yourself with a Trademark" »