DECIDING HOW SIMILAR, SIMILAR IS

A trademark is a creative, unique, identifying symbol that helps the end user to identify a product or service. The symbol can be a word or design, or both.  There is no mistaking the McDonald’s big yellow golden arch or the Nike “Swoosh”. These marks have become so synonymous with their brands that the company is immediately recognized without any description needed. Much as music is sometimes unconsciously plagiarized, the development of a mark in an office by the company brain trust, the logo that you’ve spent time and money developing, can sometimes look like an already existing brand’s logo. Now what do you do? One option is to decide whether the marks are different enough for your organization to try and to register.  Secondly, make modifications to avoid the similarities. Doing a visual comparison should be the very first stage of the comparison. Rather than trying to have the mark development team make the decision, find some…

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