Invalidating a trademark

08-Mar-2019 20:10

Generally, the court will consider evidence addressing various factors to determine whether there is a likelihood of confusion among consumers.The key factors considered in most cases are the degree of similarity between the marks at issue and whether the parties' goods and/or services are sufficiently related that consumers are likely to assume (mistakenly) that they come from a common source.

invalidating a trademark-4

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Section 14 and 15 of the Lanham Act operate independently of each other.It is not clear whether the fifth anniversary date of a trademark registration will fall into the initial five year period where no restrictions for asserting challenge grounds exists.

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