Colorable Imitation Test Law and Legal Definition

Colorable imitation test refers to a trademark test conducted by courts to distinguish any mark which resembles a registered mark and is likely to cause confusion or might deceive. The test also determines whether any ordinary person, other than trademark officials, is able to recognize the difference between colorable imitations of a mark from an actual registered mark.

In Inwood Labs. v. Ives Labs., 456 U.S. 844 (U.S. 1982), court held that if any person can be liable in a civil action by the registrant for colorable imitation. A person is held liable if s/he uses in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark without the consent of a trademark registrant and is likely to cause confusion or mistake, or might deceive.