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February 1, 2024

What Does ‘Likelihood of Confusion’ Mean?

Did you know that every year, a whopping half a million folks try to trademark their business, but more than half of them end up facing a big, fat denial? So, what’s the top reason for this trademark turmoil? Buckle up, because we’re about to explore the number one trademark roadblock – the “likelihood of confusion refusal.” It’s like a puzzle in the business world, and I’m here to help you unravel it!

Now, I get it – as business owners, we’re used to the digital world, where if a domain name is available, we can snag it, create social media handles, and do all that jazz. But trademarks, well, they don’t work the same way. We’ve got some specific rules here in the good ol’ United States.

You see, it’s not just about having a different name or adding a little “s” at the end or “the” at the beginning. Nope, it’s much trickier than that. Even if two trademarks seem different, they can still be considered too similar and lead to a likelihood of confusion. Let me give you a classic example.

You’ve probably heard of a company called “Blue Apron,” right? They’re all about delivering delicious food right to your door. Well, they have a registered trademark for that name. Now, imagine another company tried to trademark “Green Apron.” Sounds kinda different, doesn’t it? But guess what? It got denied because it was deemed too similar to “Blue Apron.”

So, here’s the deal – if you’re thinking about trademarking your business name or logo, it’s super important to do your homework. And by homework, I mean hiring a trademark attorney to do a thorough search. They’ll help you figure out if there are any other trademarks out there that could cause confusion with yours.

Don’t worry; it’s not all doom and gloom. With the right guidance and some careful research, you can increase your chances of getting that trademark approved. So, remember, trademarks are a different ballgame compared to domain names. It’s all about avoiding that pesky “likelihood of confusion.”

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Ready to Protect Your Brand?

Book a free consultation call with us today to get expert guidance on trademark registration and protection.

(Or at least download our Ultimate Trademark Checklist to make sure you’re covering all the bases.)

Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.