LAW 783-001 – Trademark Law and Practice

Likelihood of Confusion


Each circuit has its own test to determine the likelihood of confusion.

There are some factors that are common to most of these tests however:

  • Similarity of the marks
  • Proximity of the goods or services
    • Whether the products are sufficiently related in the mind of the consumer
  • Strength of the plaintiff's mark
  • Actual confusion
  • Defendant's intent