Likelihood of Confusion - Recent Case Law & Practical Strategies

Introduction

For trade mark solicitors and attorneys, assessing the likelihood of confusion is fundamental when advising on oppositions, invalidity proceedings and infringement disputes. Practitioners need to apply the legal test accurately and understand how courts and tribunals assess factors including similarity, consumer perception and the circumstances in which confusion may arise.

Recent decisions from the UK and EU courts and tribunals continue to refine these principles, providing further guidance on the comparison of marks and goods or services, the relevant consumer and post-sale confusion. Keeping up to date with these developments is essential to ensure case strategies reflect the current approach.

This webinar provides a practical review of recent case law and its implications for opposition, invalidity and infringement strategies. Delegates will consider how to apply the latest developments when assessing potential confusion, preparing arguments and advising clients.

What You Will Learn

The webinar will cover the following:

• Applying the global assessment of likelihood of confusion
• Assessing similarity between marks and goods or services
• Understanding the role of distinctiveness in the analysis
• Considering the average consumer and relevant purchasing circumstances
• Distinguishing between direct and indirect confusion
• Assessing post-sale confusion and its increasing significance
• Key practical lessons from Dream Pairs
• Recent developments in UK and EU case law
• Practical considerations for oppositions, invalidity proceedings and infringement actions