Legal Definitions - likelihood-of-confusion test

The likelihood-of-confusion test is a legal standard used to determine whether a trademark infringes on the rights of an earlier trademark. This test is based on the probability that a significant number of reasonable consumers will be misled or confused about the source of a product or service due to the similarity of the trademarks.

For example, if a company named "Apple" were to use a logo that closely resembled the trademarked logo of the technology company "Apple Inc.," there would be a high likelihood of confusion among consumers. This could lead to trademark infringement claims and legal action.

Another example could be a company named "McDonald's Burgers" using a similar logo and branding to the fast-food chain "McDonald's." This could also lead to confusion among consumers and potential trademark infringement claims.

The likelihood-of-confusion test is an important tool in protecting the rights of trademark owners and ensuring that consumers are not misled or confused about the source of products or services.