contact
Your law firm Bartel Legal.
address
-
Kampenwandstrasse 90
83229 Aschau - +49 8052 6779973
- u.bartel@bartel.legal
Opening hours
Mon – Fri 08:30 – 18:00
Bartel Legal - Strong brands require reliable protection. We're at your side.
Likelihood of confusion in trademark law – when does it become critical?
Expert article on trademark law
Likelihood of confusion in trademark law – when does it become critical?
Whether two trademarks are too similar is one of the most common and at the same time most complex questions in trademark law. Because not only identical signs can constitute trademark infringement – often just one similaritywhen certain other factors coincide.
Here is an overview of when Likelihood of confusion in the legal sense can exist:
1. Character similarity
How similar are the brands in Sound, typeface or Meaning of the term? Differences can be overlooked or ignored in practice – especially in products that are consumed quickly.
2. Similarity of goods or services
Is the younger trademark used for the same or similar goods or services as those for which the earlier trademark is protected? The closer the offers or the goods and services being compared are, the greater the likelihood of confusion.
3. Distinctive character of the earlier mark
The more intensively the older trademark is used, the The larger the area of protection – and the more likely it is that there will be a risk of confusion.
The more intensively the older trademark is used, the The larger the area of protection – and the more likely it is that there will be a risk of confusion.
4. Overall impression is crucial
The assessment is always carried out in Overall picture – individual elements must not be considered in isolation.
The assessment is always carried out in Overall picture – individual elements must not be considered in isolation.
Practical tip:
A thorough similarity assessment before registering or using a trademark can avoid costly conflicts. Even seemingly creative names can be too close to existing trademarks – without being obvious at first glance.
Want to know if your desired brand is "too close"? We can support you with a clear assessment and professional research—contact us.
English 
German