Distant sector / class
If two trademarks never meet anywhere in the market, the likelihood of confusion drops markedly. In completely unrelated sectors even identical names can coexist.
No market, no confusion
The likelihood of confusion presupposes that the offerings touch. If the goods and services are far apart and address different publics, the basis for confusion is missing.
That's why identically named trademarks in unrelated sectors often exist in parallel without any problem – the distance in the market exonerates.
The weighing
Sector distance on the exonerating side
The further apart the sectors, the more sharply the risk falls – despite the similarity of the name.
Increases the risk
- identical/close sector
- same public
Reduces the risk
- unrelated sector
- different class
- different buyer group
Well-known marks reach further
Very well-known trademarks can also be protected beyond sector boundaries – the cleared alert does not apply absolutely.
How we take this into account
Pro takes sector and class distance into account, so that out-of-sector filings don't land with you as a false alert – and the real hits from your own market stand out clearly.
Results that make sense
Activate free basic protection. The weighted assessment across all factors is what Pro delivers.
This article is for information and does not constitute legal advice.