The question of whether there exists a likelihood of confusion between two trademarks may arise in several situations - for example, in the case of trademark registrations or oppositions to trademarks, or in the use of trademarks when marketing and selling goods and services.
It may seem commercially attractive to companies to register a trademark that contains descriptive elements, as the targeted consumers will quickly grasp the kind of goods or services sold under the trademark. However, the more descriptive the trademark, the narrower the scope pf protection afforded. Only when the descriptive mark has acquired enhanced distinctiveness (through extensive market exposure and use) may it constitute a real obstacle to other companies use of similar signs. Read more