The purpose of trademark law is to protect a trademark owner's rights to their intellectual property. Trademarks themselves serve the purpose of identifying the source of a product or service. In order for a trademark to maintain its considerable value, it is important to ensure there is nothing else out there which might cause a consumer to be confused as to the origin of a product or service.

The likelihood of confusion factor is therefore the central focus of any trademark infringement claim. Courts use several essential tests to determine likelihood of confusion: 


1. The strength of the original mark – Is the mark well known? In our clients’ cases, where many groups have been in existence and using their marks for over 100 years, their trademarks are very well known. The strength of their marks increases within the niche Greek market.


2. Similarity of the marks:

   a. Sight - Do they look similar?


   b. Sound – When read aloud, do they sound similar?


   c. Meaning – Do they serve a similar purpose?


3. Similarity of the goods – Are the products themselves similar?


4. Degree of care exercised by the consumer – Is the general public going to create an association between the original mark and the other?


5. Intent – Was the similarity of the mark generated with purpose to capitalize on consumer’s desire for the trademark?


6. Actual confusion – Is there evidence that consumers have mistaken the new product as being associated with the original trademark owner?

By no means must these all be met in order to prove infringement, but the more that are met, the stronger the case of infringement. If a design is confusingly similar to a trademark, remember it will likely require licensing.

When in doubt, give us a shout out and we will be happy to help answer any questions you may have. We are here to serve as a resource!