Trademark Examination Process
The examination of each trademark registration application involves a search for prior rights to ensure there are no conflicts with existing trademarks. When determining potential conflicts between two applications or between an application and a registered trademark, two primary factors are considered before raising an objection:
- Similarity of the Marks: The examiner checks whether the trademarks are identical or so similar that they are likely to cause confusion or deceive consumers.
- Use on Similar Goods or Services: The examiner evaluates whether the trademarks are used for the same goods or services, or if they fall within the same description of goods or services. They also consider if the goods or services are closely related.
When comparing trademarks, examiners review each mark as a whole, recognizing that identical trademarks are those that match in every detail when compared side by side. This holistic approach ensures that subtle differences are accounted for, avoiding confusion among consumers and protecting the integrity of registered trademarks.
