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What are the risks if there are similar trademarks registered?

Senior Trademark Attorney

A similar existing trademark poses two types of risk during registration.

An examiner's refusal: in jurisdictions that examine relative grounds (the US and Australia), the examiner may refuse the application, citing the likelihood of confusion with the earlier mark. In jurisdictions that do not examine relative grounds (the EU and UK), the examiner will not raise this, but the earlier mark's owner can during the opposition period.

A third-party opposition: the owner of the confusingly similar mark can file an opposition during the publication window. A successful opposition prevents registration in that jurisdiction. Even an unsuccessful opposition adds time and legal cost to the process.

A free trademark check can identify conflicting marks before you file.

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