How do we check if brands can be confused?
The Norwegian Industrial Property Office looks at two main factors when assessing whether there is a likelihood of confusion:
- Do the brands look or sound alike? If two brands are visually similar, aurally similar, or have the same associations, the chances of people confusing them increase.
- Do the marks relate to similar goods or services? If the marks are used on products that are similar or compete with each other, there may be a problem.
A simple example: If both a car and a bag have similar names, the risk of confusion is not as great as if both were cars.
What makes trademarks interchangeable?
- Look and sound: Brands that look or sound alike, for example through name or design, are prone to confusion.
- Distinctiveness: The more unique a brand is, the better protected it is. Generic names, such as “HOLIDAY BREAD” and “CRISPY BREAD,” can often coexist because they have little distinctiveness.
- Goods and services: If the marks are used on products that are sold on the same store shelves or target the same customers, the risk of confusion may increase.
What can you do if your trademark is similar to another?
If the Norwegian Industrial Property Office believes that your mark is too similar to an existing mark, you have several options:
- Check first: Use the trademark registry to make sure your mark is available.
- Ask for permission: Contact the owner of the similar brand and ask if they accept your suggestion.
- Get help: An advisor who knows intellectual property rights can provide good advice and find solutions.
Can color create a risk of confusion?
Yes, the use of color can be almost as important as the logo and name. Take, for example, the conflict between Nidar and Freia: Both use blue packaging for their chocolates, Stratos and Boble. Nidar believes that Freia's choice of blue is too similar to Stratos and confuses customers. Although colors are rarely approved as trademarks, this shows how important they are in the market.
Design and Marketing Act
Even if you can't register colors as a trademark, they are still protected by the Marketing Act. For example, Mills had to change the design of Melange because it looked too much like Bremykt. This is how we avoid customers buying the wrong product.
Ultimately, this is not just about laws and regulations, but also about how we as consumers perceive products. A color, a logo or a name can have a huge impact on how we choose what to put in our shopping cart. It is therefore worth thinking carefully about what makes your brand unique.
