Similarity tester1/30/2024 Meaning: When marks have a similar meaning and the products or services they represent are similar, consumer confusion is possible.For example, using the “Koka Kola” mark to sell beverages may cause consumers to confuse the products with the Coca-Cola ® brand of beverages. Sound: If the marks have a slightly different spelling but are pronounced the same, there is a greater likelihood of confusion between them.Appearance: If the marks are exactly the same in spelling, there is a greater chance that consumers may be confused if they assume that the goods and services emanate from the same source.Courts carefully weigh these and other factors before determining whether a likelihood of confusion exists. To determine whether consumers believe that the brands at issue are related, affiliated, connected, or that the goods or services originate from the same source, there are four main factors to consider: appearance, sound, meaning and commercial impression. The more similarity there is between two trademarks, the more likely there will be confusion between the marks. Our methodologically sound surveys and expert analysis can help you develop a powerful case or rebuttal strategy. Keegan & Donato Consulting provides trademark survey consulting to law firms throughout the nation and their clients who are involved in infringement litigation. To prove trademark infringement, the owner of a trademark must show that consumers are likely to be confused between his or her trademark and an allegedly similar mark. Trademark law allows a trademark holder to prevent a competitor from using a confusingly similar mark. One of the main functions of a trademark is to prevent competitors from using similar marks to confuse consumers into thinking that they are buying products or services from a trusted, known source when, in fact, they are not. But, why is similarity important and how is it determined? Similarity is often tested and measured through consumer survey research. It is important when evaluating likelihood of consumer confusion between brands in the same or similar markets to assess the similarity of the marks at issue.
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