Trademark Fundamentals: What is the Likelihood of Confusion among Customers?

Trademarks are protected by the trademark law in the United Arab Emirates (UAE) i.e. Federal Decree-Law No. 36 of 2021. The trademark laws in UAE are working to mitigate confusion among customers ensuring equitable competition among corporations and businesses. If you are a trademark owner, you need to understand various trademark infringement concepts, one of which is the ‘likelihood of confusion’. Read ahead to learn deeply about it.

Jitendra Intellectual Property (JIP) helps businesses with all intellectual property matters. We help you with trademark registration, trademark litigation, trademark enforcement and other trademark-related issues. We assist businesses in complying with trademark and other IP laws and regulations in the UAE.

What is the “Likelihood of Confusion”?

The likelihood of confusion occurs when there is a similarity between two trademarks. Consumers of products or services may mistakenly choose the other company or brand because of the similarity between trademarks.

According to trademark law in UAE, trademarks that are even the slightest similar to trademarks already registered will not be registered. If this happens, it will cause a likelihood of confusion among consumers. Trademark laws are quite firm in the UAE, however, the possibility for the likelihood of confusion is not zero.

Types of Confusions

Following are some possible types of the likelihood of confusion;

1. Initial Interest Confusion: Customers are attracted to a product or service and believe that it comes from the original owner.
2. Indirect Confusion: Customers believe that certain products come from only certain brands.
3. Direct Confusion: Customers identify the wrong owner as the original brand owner.
4. Likelihood of Confusion Assessment
5. The UAE trademark office and regulatory authorities consider the following factors for assessing the likelihood of confusion;
6. Intention: What was the intention of the second user to use the trademark of someone else?
7. Presence in the Market: What is the possibility of confusion for two identical marks coexisting in a marketplace?
8. Audience Targeted: What is the level of care and interest of customers when purchasing services or goods from these brands?
9. Similarity of Services & Products: How related are the services and goods provided by these brands under similar marks?
10. Similarity of Trademarks: What are conceptual, phonetic and visual similarities that are raising confusion between marks?

Following are some tools to assess the likelihood of confusion;

1. Trademark search services available on the internet.
2. Trademark search database of WIPO.
3. Trademark search database of UAE Trademark Office
4. Nice classification or international classification of products and services
5. Trademark search with the help of qualified IP professionals like JIP.

Solution for Likelihood of Confusion

Following are some remedies to treat the likelihood of confusion between marks;

Trademark Cancellation: The original trademark owner may request the court through the legal process to cancel the registration of the infringing trademark.

Compensation: The original trademark owner may request the court to ask the infringer to compensate for the loss or damage that has been done due to the infringing activities.

Injunction: The original trademark owner may request the court to order or warn the infringer to stop using their trademark.

The original trademark owner can seek help for this purpose from expert IP professionals at JIP.

Strategies to Mitigate the Likelihood of Confusion?

Consider the following strategies to minimise the likelihood of confusion;

Before selecting your trademark for registration, conduct a proper trademark search on various platforms online, WIPO database and the database of the UAE Trademark Office. Seek professional guidance in further improving your trademark.

Apart from assessing the similarity between marks, also assess the similarity between products and services offered and the audience targeted.

Consult expert IP professionals to smoothly go through the process of registration and dealing with the likelihood of confusion.

Always look for potential infringers and competitors for the protection of your mark in advance. Integrate proper measures in your organisation for this purpose.

Why Choose Jitendra Intellectual Property?

Professional assistance is very important when it comes to dealing with issues related to trademarks and other intellectual property. Businesses often fail to comply with trademark laws due to a lack of knowledge and experience. JIP helps you understand and comply with such important laws. Contact our expert at JIP today for any trademark-related inquiry or confusion.