5 Factors Creating Confusion for Identifying the Right Trademark or a Brand
Companies invest millions in building a successful brand to enhance the customer base and thereby boost revenue. It with this end in mind, the businesses spend their time and resources to protect the brands through trademark registration in Dubai, UAE. However, the process is not easy as similar brands reach the market almost every day. This calls for the need to be unique by avoiding the likelihood of confusion that constitutes trademark infringement.
Selecting a trademark that doesn’t pose the risk of brand confusion is critical for a faster trademark clearance at the UAE Trademark Office. Consulting with trademark agents in Dubai is a better solution to avoid brand confusion as they provide the right advice on selecting a distinctive trademark. In the meantime, read about the top five factors for identifying the likelihood of confusion:
1. Relatedness of Goods or Services
If two related goods or services have similar brand names, then the risk of confusion is higher. If a computer software brand and computer peripheral brand have a similar brand name, the risks arising out of brand confusion is not negligible. This is because computer software and computer peripherals have similar customers. Cases like these warrant the creation of a more distinct brand name.
In contrast, a similar brand name engenders fewer risks of confusion if one product is an auto part and another is a swimsuit. The risk of confusion is not substantial as both the products attract an entirely different set of customers. In this case, the consumers won’t think that the auto part company has diversified into manufacturing swimsuits.
2. Similarity of Marks
Establishing a general rule for judging two marks in terms of similarity is hard. Courts usually consider many factors, including word meanings, translations and market considerations, while deciding a trademark infringes another registered trademark. It is up to the courts to decide how similar is too similar.’
Adding a prefix, suffix or changing letters won’t suffice to prevent the likelihood of confusion. For example, Magnavox Vs Multivox; Simoniz Vs Permanize were some famous trademark disputes that were based on the likelihood of confusion. These trademarks were not identical, but the courts decided that their similarity in many aspects may create brand confusion.
3. Similarity In Appearance
Visual similarity is perhaps the most relatable instance of brand confusion. Two marks may appear to be confusingly similar in terms of appearance and design. Lookalike design of the logo, similar fonts, or letters may create a likelihood of confusion depending on the situation. For logos, a visual similarity to a registered trademark may constitute the likelihood of confusion. A brand of beans that copies the registered logo of Starbucks is a strong reason for confusion due to visual similarity.
4. Similarity In Sound
Two marks that exhibit phonetic similarity can create confusion among the consumers. It refers to m singly the similarity in pronunciation of two brand names. Consider the following trademarks as examples of phonetic similarity:
- SEYCOS vs SEIKO
- CRESCO vs KRESSCO
- ENTELEC vs INTELLECT
5. Similarity In Meaning
During a trademark dispute, the similarity in meaning between the marks is accepted as grounds for trademark confusion. similarity in meaning or semantic similarity may create confusion not only with wordmarks of identical meaning but also with marks of similar concepts. For example, CROSS-OVER and CROSSOVER are confusingly similar in meaning. The following trademarks also signify brand confusion due to semantic similarity:
- CLEAN vs MR. RUST
- THIRTY FORTY FIFTY vs 60 40 20
- PLEDGE vs PROMISE
Eliminate Brand Confusion with Assistance of Trademark Agents in Dubai
Trademark registration in Dubai, UAE, could be a stressful job given the chances of infringements. To avoid infringement, brand owners need to be careful while selecting the trademarks. It is highly important to select a distinctive trademark that won’t create a likelihood of confusion for which trademark owners can seek the help of trademark agents in Dubai. Wordmarks or logos that are likely to create confusion among consumers is are at the risk of being rejected by the UAE Trademark Office.
Consulting with the best IP firms in Dubai, such as Jitendra Intellectual Property (JIP), before filing trademark applications reduces the chances of trademark opposition and rejection. With ample experience and commendable efficiency, JIP offers effective UAE trademark registration & search services to ensure that the proposed trademarks would not infringe on the existing trademarks, thereby reducing the chances of opposition. JIP ensures that the trademarks remain safe from any potential intellectual property infringement in the UAE and acts on behalf of the clients if any violation is detected.