Friday, August 14, 2009

FAQ - 17 Does the PTO's refusal to register a mark mean the mark infringes someone else's trademark

Question: ?

Answer: No. Even if the Trademark Examiner refuses registration of a mark on the grounds of likelihood of confusion, that does not mean use of the term infringes a trademark. Only a court can rule as a factual matter that the likelihood of confusion amounts to trademark infringement.


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