Understanding the Sleekcraft Likelihood of Confusion Factors for Trademark Infringement
When it comes to trademark infringement, one of the key considerations is the “likelihood of confusion” between the two trademarks. “Likelihood of confusion” is the likelihood that consumers will be confused as to the source of the goods or services associated with the trademarks in question. The Sleekcraft likelihood of confusion factors were established in the 1979 case, and they are widely used by courts in trademark infringement cases.
What are the Sleekcraft Likelihood of Confusion Factors?
The eight Sleekcraft factors are:
- Similarity of the trademarks
- Similarity of the goods or services
- Strength of the trademark
- Evidence of actual confusion
- Marketing channels used
- The defendant’s intent in selecting the trademark
- Degree of care exercised by consumers of the products
- Likelihood of expansion of the product lines
How are the Sleekcraft Factors Used in Trademark Infringement Cases?
The Sleekcraft likelihood of confusion factors are used by courts in trademark infringement cases to determine whether there is a likelihood of confusion between two trademarks. The factors are not used in isolation but are considered as a whole to provide a comprehensive analysis of the likelihood of confusion.
The outcome of a trademark infringement case can be heavily influenced by the Sleekcraft factors. For example, if the trademarks in question are highly similar, the goods or services are similar, and there is evidence of actual consumer confusion, a court is likely to find that there is a likelihood of confusion.
Conclusion
The Sleekcraft likelihood of confusion factors are a crucial tool for determining the likelihood of confusion between two trademarks in trademark infringement cases. By understanding these factors, businesses can better protect their trademarks and ensure that they are not infringing on the rights of others. If you have concerns about trademark infringement, it’s important to seek the advice of a qualified trademark attorney who can help you navigate the complex legal landscape of trademark law.
How to Register a Trademark
Call Hartmans Law at +1 (310) 954-8512 to speak with a trademark attorney. You can also visit our Trademark Registration page.
Brand Strategy Session
We start with a brand strategy session. We will discuss the owner’s business plan. We will discuss advertising campaigns and how the client uses the trademark. This information helps us conduct a clearance study and draft a well-considered trademark application.
Clearance Study
We recommend a clearance study to determine if the trademark is available for registration. The USPTO will perform a detailed and exhaustive search for conflicting trademarks. Trademarks that are similar, but not the same, can be conflicts. Our clearance study is designed to provide advanced warning of conflicts. The study allows the client to make an informed decision about whether to use the trademark while the application is pending.
Draft and File the Trademark Application
After the brand strategy session and clearance study, Hartmans Law’s trademark attorney prepares the client’s trademark application. The client reviews the application and approves it before filing.
Statement of Use
A Statement of Use is required if the trademark was based on “intent to use.” The Statement of Use must meet USPTO requirements. The USPTO closely examines the Statement of Use.
