TMEP 1207: Refusal on Basis of Likelihood of Confusion, Mistake, or Deception

This is the October 2015 Edition of the TMEP

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1207    Refusal on Basis of Likelihood of Confusion, Mistake, or Deception

15 U.S.C. §1052   Extract

No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it... (d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive....

Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d), is the statutory basis for a refusal to register due to likelihood of confusion with another mark. Section 2(d) applies regardless of whether registration of the mark is sought on the Principal Register or the Supplemental Register.