Is the MaxClean sign deceptively similar to the Macleans mark?
In considering whether two signs are deceptively similar, the signs are not to be compared side by side. An attempt must be made to estimate the effect or impression produced on the mind of potential customers by the sign for which the protection is claimed. It is the impression or recollection that might be carried away and retained taking into account similarities of both sound and of meaning must be considered and the usual way in which ordinary people behave is the test of whether deception might be expected. Potential buyers of goods are not to be credited with any high perception or habitual caution, although exceptional carelessness or stupidity may be disregarded. There must be a real, tangible danger of confusion occurring: the mere possibility of confusion is not enough. However, it is sufficient that a number of persons will be caused to wonder whether it might not be the case that the two products came from the same source. It would be sufficient if the ordinary person woul
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