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Does the PTOs refusal to register a mark mean the mark infringes someone elses trademark?

April 26, 2017infringes Mark mean PTO refusal REGISTER Trademark

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Does the PTOs refusal to register a mark mean the mark infringes someone elses trademark?

2 Answers

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No. Even if the Trademark Examiner refuses registration of a mark on the grounds of likelihood of confusion, that does not mean use of the term infringes a trademark. Only a court can rule as a factual matter that the likelihood of confusion amounts to trademark infringement.

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No. Even if the Trademark Examiner refuses registration of a mark on the grounds of likelihood of confusion, that does not mean use of the term infringes a trademark. Only a court can rule as a factual matter that the likelihood of confusion amounts to trademark infringement.