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In the process of registering the US trademark , applicants often receive review opinions issued by the US Trademark Office (USPTO). ), Inform the applicant's trademarks not to be approved and given reasons. Among them, Likelihood of Confusion (hereinafter referred to as \u0026 amp; ldquo; loc \u0026 amp; rdquo;) is one of the more common reasons.
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What is Likelihood of Confusion?
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The US Trademark Act trademark action, 15 u.s.c. \u0026 amp; sect; 1052 (d) Registered trademarks may cause confusion, errors, or deception, and the trademark is not approved for registration.
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According to this law, the USPTO reviewer will retrieve the trademark in its system when reviewing the trademark application. If you find a pre -injection trademark (must be survival, not abandoned, and unable to fail), you need to further compare and determine whether the possibility of the application for the application of the trademark and the previous injection trademark is There is a Likelihood of Confusion. In other words, the examiner will consider the consumer's position to determine whether the consumer will think that the two trademarks come from the same manufacturer when facing the application of trademarks and previous injection trademarks at the same time.
\u0026 nbsp; The famous case in re e. I. du pont de nemours \u0026 amp; Co.了判断Likelihood of Confusion的几个因素（也被称之为DuPont Factors)：
\u0026nbsp;1.The similarity or dissimilarity of the Marks in their Entireties as to APPEARANCE, Sound, Connotion, and Commercial Impression. \u0026 NBSP
2.The relatedness of the goods or services as description in the application and registry (s). \u0026 Nbsp;
3.The Similalicy or DISSIMILARITY of Established, Likely-TO-Continue Trade Channels.And Buyers to Whom Sales Are Made, I.E. \u0026 Quot; IMPULSE \u0026 Quot; vs. Careful, Sophisticated Purchasing.
5.The face of the prior mark.
6.THE Number and Nature of Similarar Marks in Use on Similarar Goods.
7.
9.The Variety of Goods on Which a Mark is or is not user.123] 10.The Market Interface Between The Applicant and the Owner of a Prior Mark.
11.The Extent to Which Applicant Has a Right to Exclude Others from Use of its Mark on its goods.
12. 12. The exit of portential confusion. 13.any Other Established Fact Probativeof the Effect of Use.
\u0026 nbsp; \u0026 nbsp; Translation: The overall similarity or different nature of trademarks in appearance, sound, connotation, and business impression.
The correlation of the goods or services described in the application and registration.
The similarity or different nature of the existing, may continue to exist. The conditions of the sales object and buyer, that is, \u0026 amp; ldquo; impulse \u0026 amp; rdquo; and cautious and complex purchases.
The reputation of the previous label.
The quantity and nature of similar signs used on similar products.
How to avoid and overcome Likelihood of Confusion?
The nature and degree of any actual chaos.
The time length and conditions used at the same time without actual confusion.
Product types used or unused.
Market interface between the applicant and the previous trademark owner.
The applicant has the right to prohibit others from using its trademark on their products.
The degree of potential chaos.
Prove any other determined facts of the use effect.
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The Examiner of the Trademark Office will comprehensively consider and determine whether the application of the trademark and the predecessor of the previous injection trademark will be confusing in accordance with the above factors. Among these factors, the first two are the most important, that is, 1. Similarity or differences in the appearance, sound, connotation, and business impression of the trademark, as well as 2. The correlation between the application of trademarks and registered trademarks in terms of commodity or service. Most of the LOC OAs will quote these two factors.
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下面我们将从三个时间点来讨论避免和克服LOC的办法：1. 商标构思，2. 申请前， 3. Application.
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What should be paid attention to during the trademark concept? \u0026 nbsp;
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For example, if you want to register trademarks for auto parts products, it is best to avoid using \u0026 amp; ldquo; auto \u0026 amp; \u0026 amp; ldquo; Motor \u0026 amp; rdquo; \u0026 amp; ldquo; speed \u0026 amp; rdquo; words often use in the industry to conceive trademarks. At present, there are more than 800 trademarks with AUTO and effective (or waiting for approval) in the 12th type 12 of the USPTO information library. The probability will also be relatively high. \u0026 nbsp;
2. What do you need to do before applying?
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If you have already conceived a trademark and want to apply for this trademark, do not submit the application directly. Before that, you need to do a very necessary step: trademark query. Trademark query can be simple or complicated. Online information is developed, and many people will go to the USPTO official website to check by themselves, but they will still be sent to Loc OA. This is because most people only know that they do the Basic Search basic queries, rather than do detailed queries for the purpose of avoiding subsequent encounter. \u0026nbsp;
Detailed trademark queries are complex and time -consuming. Then take the auto parts trademark as an example. If you want to register \u0026 amp; ldquo; best auto \u0026 amp; rdquo;, basic query can only find trademarks with the two words Best Auto, but you cannot find the \u0026 amp; ldquo; Best. Auto \u0026 amp; rdquo; approximately and possible trademarks, such as BestDrive, Bestway, etc. \u0026 nbsp;
In addition, an experienced trademark lawyer should also inform the applicant Best Auto with narrative issues, because Auto can be understood as a car as a car Best is the best meaning. Combined with the product, this trademark has \u0026 amp; ldquo; the best auto parts product \u0026 amp; rdquo;, that is, the characteristics of the product are described. In addition, the word Auto is likely to be required \u0026 amp; ldquo; disclaim \u0026 amp; rdquo;, that is, the applicant cannot monopolize the word. These issues need to be considered before the application. \u0026 nbsp; Often customers submitted the application without making detailed trademark queries, and invested a lot of money and manpower Promoting, subsequent Loc OA is very passive, and even face the dilemma of replacing trademarks. Therefore, the author strongly suggested that the trademark applicant entrusted the experienced trademark lawyers to do detailed inquiries, and to capture and analyze the reasons why the trademark may be rejected in advance, including but not limited to LOC.
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3. What should I do if I encounter LOC OA during the trademark review process?
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If the applicant \u0026 amp; ldquo; unfortunate \u0026 amp; rdquo; There is no need to give up application. In fact, there is still a chance to refute and get approval at this time. It is best to find a professional trademark lawyer to prepare in writing in writing, combined with the trademark itself and the use of the use. According to Dupont Factors to excavate the differences between the proposed registered trademarks and quotation trademarks, it will help customers to convince the examiner. \u0026 nbsp;
You need to remind everyone that no lawyer can guarantee that the refutation will be adopted, and we never give this guarantee. The trademark office can exercise personal tailoring during the approval process, and the lawyer's views and judgments and reviewers may be involvedEssence We have encountered very harsh and even irregular reviewers in the process of handling the case for many years. This is why you must do a good job before the application, and to the greatest extent to avoid the passive situation of being blocked by the LOC. \u0026 nbsp;
In addition to refuting the defense, the applicant can also consider other unconventional ways to overcome LOC OA, such as trying to reach the coexistence of the owner who quoted the trademark. Essence Furthermore, if there are some defects in the trademark, such as the use of evidence that there is a P -diagram or forgery, you can also consider the removal of the trademark, the reexamination review or the ExpUNGEMENT. You can click here to understand. The specific situation requires lawyers to analyze cases. \u0026 nbsp; Our company specializes in the registered trademark registration, review, renewal, transfer, change, objection and cancellation agent, approximate rejection defense, trademark infringement and reconciliation Acting, issuing a letter to the suspension of infringement lawyers. The registration application of thousands of trademarks has been successfully agent and has extremely rich experience in the trademark law.
