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ARTICLE · 12 JULY 2022

Conceptual Similarity – When Is ‘Well Known' Enough?

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Trade mark conflicts between two identical marks used for identical products are relatively rare.

United KingdomIntellectual Property
Kasper Radstake
Kasper Radstake
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Trade mark conflicts between two identical marks used for identical products are relatively rare. Most conflicts evolve around the question whether the marks in question are similar. If the marks are found similar and the goods and services under comparison are identical or similar, the younger mark infringes the earlier mark provided that there exists a likelihood of confusion on the part of the public.

In order to determine whether or not the marks are similar, the marks should be compared from a visual, phonetic and conceptual point of view.

Obviously, the visual and phonetic comparison is about how the trade marks look like and how they are pronounced. The concept of a mark is what it means. What does it evoke or, when it is an image or shape, what does it represent?

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