Trade mark law is essentially about preventing consumer
confusion. This means that the issue in your average trade mark
case is this: is there likely to be consumer confusion, given the
similarities between the two marks in dispute, and the similarities
between the products.
Over the years the courts have provided certain guidelines. For
example: the likelihood of confusion must be appreciated globally,
in other words all factors need to be taken into account; the
visual, phonetic and conceptual similarities between the marks need
to be considered; the court must view the matter through the eyes
of the ordinary customer, bearing in mind that the average
Joe probably won't see the two marks side by side,
doesn't have a perfect recollection, and may have just a
general impression of a mark, or may just remember one striking or
dominant feature of it. And, when it comes to comparing the
products, we've been told to consider stuff like this:
what are they used for;
