Frequently Asked Questions
What is a composite trademark and how is it considered by the United States Patent & Trademark Office?
A composite trademark is a unique blend of both words and designs that are used to create a distinctive trademark. This type of trademark is considered by the United States Patent & Trademark Office (USPTO) in a specific way. During the likelihood of confusion analysis, the Examiners Office of the USPTO often gives more weight to the more significant feature of the composite trademark. In most cases, the word element of the composite trademark is given the highest weight. This is primarily because consumers tend to use words as a reference when it comes to goods and services. However, it's important to note that while the USPTO may consider the words as the dominant features of a composite trademark, courts may exhibit more flexibility when determining which element should be considered the dominant one. This means that the design element of a composite trademark could potentially be given more weight in a court of law.
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