Patenting for Inventors

Trademark Likelihood of Confusion Factors. EP095


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How do you know whether or not you're infringing someone else's trademark, or whether your trademark can be registered? It all comes down "likelihood of confusion." But how do you determine the likelihood of confusion? The United States Patent and Trademark Office uses what are called the DuPont Factors, a set of 13 factors to determine the likelihood of confusion between two marks. Courts sometimes use a reduced set of factors to determine trademark infringement. In this episode I go over and explain these factors and how to apply them to your situation.

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Patenting for InventorsBy Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney

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