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Risk of Confusion

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By Anonymous writer - Glossary

The protection of industrial property rights is contingent on establishing a risk of confusion regarding the origin of the products or services in the mind of the average member of the public who does not have both trademarks in front of them at the same time.

In evaluating whether or not there is a risk of confusion, a number of criteria are taken into account, namely whether the trademarks in question have distinctive character, or whether there are visual, phonetic or intellectual similarities between both signs. The pre-existing reputation of the trademark is also a factor which can be taken into consideration.

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