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How to Prove Likelihood of Confusion

By James Hastings
Posted in Likelihood of Confusion, Trademark Opposition

A trademark opposition may be commenced based on a likelihood of confusion with a prior registered mark.   The statutory basis for a likelihood confusion cause of action may be found in Section 2(d) of the Trademark Act.

To prevail on a Section 2(d) claim, the Opposer must prove by a preponderance of the evidence…

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We created the Trademark Opposition Lawyer Blog in 2011 to provide companies with practical insight regarding TTAB contested proceedings. Our commentary on IP law has been featured in Bloomberg Legal, Corporate Counsel, Law.com, and other leading publications.

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