When preparing your mark for registration, possible reasons for rejection by the USPTO should be considered. One possible reason for rejection by the USPTO is if there is a likelihood of confusion between your mark and a mark that has already been registered or is in the process of being registered.
Likelihood of confusion may be found if (1) the marks are similar and (2) the goods or services are so similar that there is a possibility that consumers may think the source is the same.
Other factors that may be examined and considered include evidence of actual confusion (or lack of); strength of the mark; the sophistication of consumers; intent of the defendant when adopting the mark; similar marketing and advertising; similarity of sales targets of both; product similarity; possible consumer expectations of overlap in products/markets. Interpace Corp. v. Lapp, Inc., 721 F.2d 460 (3d Cir. 1983)
Every situation and application is different and unique, and several factors will be taken into consideration when determining if there may be a likelihood of confusion. Therefore, it is highly recommended to thoroughly prepare for any and all possibilities prior to filing your application.
Please contact our firm (chungkimlaw@gmail.com) with questions or for assistance with your trademark application. www.chungkimlaw.com