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What is considered a trademark conflict?

A conflict exists when one trademark is confusingly similar with another trademark already registered and/or being used in commerce. The principal factors used to determine if there would be a chance of confusion include:

  • The similarity of the marks

  • The commercial relationship between the products and/or services


In some cases, trademarks that may seem similar can coexist if they're unlikely to confuse a consumer. For example, two trademarks that may seem similar can both be allowed if they're used for unrelated products or services, and are therefore unlikely to cause consumer confusion.


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