LEGO OR LEDO? HOW TO KEEP YOUR TRADMARK UNIQUE
Trademark is a communication sign in the marketplace. Nowadays, companies are constantly trying to find different ways to have the unique, fabulously redesigned trademarks, because of a vast number of competitors in nowadays marketplace.
However, there are many cases in practice when trademark turns to be a confusingly similar to another trademark already registered.
In this regard RA Law on Trademark provides a regulation concerning the similarities of trademarks, particularly:
A mark shall not be subject to registration where it:
- is identical to an earlier trademark, which is registered for the same goods and/or services;
- If because of its identity with or similarity to an earlier trademark when the goods and/or services denoted by it, as well as its identity and similarity, is creating likelihood of confusion for the consumers, including correlation with the earlier trademark (confusingly similar);
Moreover, regarding the similarities of trademark, the Order of the Minister of Trade and Economic Development of RA determined the similarity between image and dimensions by the following features:
2) By the presence or absence of the symmetry.
3) Semantic meaning.
4) Image and character of the image (naturally stylized caricature and etc.).
5) Combination of colors and shades
6) Coincidental images on the comparable marks and arrangements for each other,
7) By the nature of the matching of the signs.
8) One of the marks entering the other.
9) with a matching element (image) of the elements of the signs (images), which has a distinct meaning and on which the logic stress falls.
As it was stipulated in the abovementioned article of RA Trademark Law, the criterion for trademark infringement is not based only on the similarity degree of the trademark, but the likelihood of confusion. During the process of judging a trademark infringement, an appropriate body should put the “likelihood of confusion” in the first place and then combine the similarity of the trademark, the distinctive character, the similarity of the goods or services, the subjective intention of the infringer, the attention degree of the relevant public and etc. to comprehensively analyse whether it constitutes a trademark infringement.
Taking into consideration the fact that merely combining the similarity of two trademarks may be a ground for an appropriate body not to grant a protection to a trademark, a thorough justification and argumentation is needed to prove the absence of confusion (based on the similarity) among consumers and therefore have a trademark registered.
In this matter, lawyers of our company can support you with both consultation and appropriate documentation for the proper registration of your trademark.