Courts utilize the “likelihood of consumer confusion” test in determining if one mark infringes on the other. Many complex variables take part in determining the likelihood of consumer test; these include:
- the strength of the registered mark;
- The degree of similarity between the holders’ marks;
- The proximity amongst the goods and services of the infringing mark;
- The likelihood that the mark holder will enter into the good/service realm of the infringing mark;
- Evidence of actual confusion amongst consumers;
- The quality of the infringing mark’s good/service;
- The sophistication of purchasers.
Many other factors may determine the strength of the likelihood of consumer confusion. Moreover, each factor is quite subjective in nature, therefore skilled trademark attorneys are necessary to quash potential infringes.