Customers Puzzled by Business Names:
“Trademark”- in simple terms, a brand indicator that lets customers know the basis of a good or bad service. Thus, a central role of concern in trademark lawsuit cases is played by the fact whether a customer is puzzled by the origin of a product or service.
The court came out with 7 factors in order to find out if customers were puzzled (or were expected to be puzzled) by the businesses’ names. The court carried out a balancing test to conclude if score was in support or in opposition to consumer confusion.
The 7 factors that they weighed which you might wish to think about when naming your business:
- The Mark Strength
A mark is a business’s trademark (the name word, design or symbol that classifies the business, product or service) in trademark law. Marks could range from quite low and weak to very strong: generic, descriptive, suggestive and arbitrary. The more the mark is strong, the higher the protection it gets under trademark law.