Asked in Trademark

Q: If a person is proprietor of a Trademark "7" used for chocolates.

And then another person Wants to register his trademark namely "SEVEN" for the chocolates.. would he be able to get it's registration?

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: The second registration would likely be refused by the USPTO on the basis of likelihood of confusion with the previously registered trademark since a consumer could be confused as to the source of the goods they are purchasing.

Kathryn Perales agrees with this answer

1 user found this answer helpful

John B. Hudak
John B. Hudak
Answered
  • Trademarks Lawyer
  • Milford, CT

A: Generally, the interchangeable meanings are equivalent (cause confusion) when related to trademarks. For instance, a word in another language would conflict with the English translation for that word. This also goes so sounds of letters – an “ee” at the end of a word might conflict with a “y” at the end of the word. Your example may fall into that general statement – but looking at the specific facts to the situation is important when giving an accurate answer.

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