Do the trademarks meet in the market at all?
A word mark is never protected in the absolute, but always for specific goods and services. Whether two similar names collide therefore depends crucially on how close their offerings are.
The Nice classification system
Trademarks are classified worldwide under the Nice Agreement into 45 classes: 34 for goods, 11 for services. When filing, you determine which classes your word mark should be protected for.
But the classes are only a grid. What matters is not just the class number but whether the concrete goods and services are similar from the public's perspective – even across class boundaries.
The conflict zone
Likelihood of confusion arises in the overlap
The greater the overlap of offerings, the more easily a similar name can be confused. In completely unrelated industries, even identical names can coexist.
Illustration – the assessment is always made case by case.
Similar name + close goods = real risk
It is only the interplay of sign similarity and goods proximity that establishes the likelihood of confusion. We examine both axes – not just the name.
The signals of this dimension in detail
We keep your classes in view
Activate free basic protection – Pro additionally examines the proximity of goods and services.
This article is for information and does not constitute legal advice.