What does “likelihood of confusion” with prior marks mean?
In addition to the risk that the USPTO may refuse to register the mark on the grounds that it is descriptive, there is also a risk that the USPTO will refuse registration of a mark on the ground that registration of the mark is likely to cause confusion with the prior registration and/or application of a similar mark by another party. This would be presented by the USPTO in an Office Action and we would have the opportunity to respond to this argument. Responses can be made to this argument based on the difference of goods and services of the marks and principle of dilution of the marks. It is well settled in trademark law that when there are numerous marks that contain similar terms, small variations in the marks will lessen the amount of the likelihood of confusion of the marks. A detailed search would reveal marks registered or applied for by third parties which would fall in this category.
