likelihood of confusion

Where a likelihood of confusion arises in the intended use or use of a trade mark with reference to an earlier registered trade mark, infringement will occur. The test is also applied in opposition proceedings and a likelihood of confusion will prevent registration of the trade mark.

Comparison of the Trademarks

The general principles are that a the marks are assessed as a whole, with reference to the visual, aural and conceptual similarity between the marks with reference to the relative importance of each of those differences and similarities.

Usage: The finding that a likelihood of confusion existed in the use of the trade mark in respect to the specified services led to a finding of trade mark infringement.

Related Words: trade mark; Trade Marks Act UK 1994; sign.