Similarity of Marks Law and Legal Definition

Similar marks cannot co-exist as trademarks if they are similar enough to cause consumers to be confused as to the source of the products using such marks. When one mark is deemed ‘confusingly similar’ to another, the second user of the mark has infringed the first user. Non-distinctive similarities should not be ignored altogether if they comprise a significant part of the respective marks, but distinctive similarities should be given more weight.