GUIDELINES FOR EXAMINATION OF LIKELIHOOD OF CONFUSION BETWEEN MARKS

05/01/2004

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In the amended Trademark Act that took effect on 28 November 2003, the condition "likely to cause confusion" appears in many of the provi-sions on conflict between trademarks. In order to expound this concept, the Intellectual Property Office announced its guidelines for Examination of Likelihood of Confusion Between Marks, which took effect on 1 May 2004.

The guidelines identify eight factors that should be considered when determining whether there is a likelihood of confusion between two trade-marks:

The strength of the marks' distinctiveness.

The degree of similarity between the marks.

The degree of similarity between the goods or services concerned.

The degree of diversity of the prior rights holder's operations.

Whether confusion has actually occurred.

Relevant consumers' degree of familiarity with both marks.

Whether the applicant for registration of the disputed mark is acting in good faith.

Other factors relevant to the likelihood of confusion (e.g. the distribution channel of goods or the mode of provision of services).

According to the guidelines, when judging the likelihood of confusion, in principle, the standard on the above-mentioned factors in the applica-tions for opposition and invalidation should be stricter than the applications for registration of marks.