As I have
previously mentioned, one of the most common
reasons your trademark application may be rejected is
"likelihood of confusion" between your trademark and an
existing trademark. According to the Trademark Office,
"likelihood of confusion" exists between trademarks
"when the marks are so similar and the goods and/or services
for which they are used are so related that consumers would
mistakenly believe they come from the same source." The
federal courts use a similar (but much more complex) test for
determining likelihood of confusion in trademark infringement
disputes. Both allow a bit of a loop-hole for parody
merchandise, which purposely copies another trademark.
According to the federal courts, a trademark parody is defined
as "a simple form of entertainment conveyed by juxtaposing the
irreverent representation of the trademark with the idealized image
created by the mark's owner. A parody must convey two
simultaneous—and contradictory—messages: that it
