IP Intelligence › Ask a Question › My brand conflicts with an earlier mark. What are my options
Guided answer
My brand conflicts with an earlier mark. What are my options?
Relative grounds for refusal turn on how similar the marks and goods are, how well known the earlier mark is and whether the earlier owner agrees.
An earlier mark is identical or similar and covers the same or similar goods or services← back a step
Refusal is likely if confusion, including association, is likely.
High complexity - significant legal consequences
- Registration is refused if there is a likelihood of confusion, including association with the earlier mark, because of identical marks on similar goods or services, or similar marks on identical or similar goods or services (section 11(1)).
- Options: narrow your goods or services, change the mark, seek the earlier owner's consent, or show honest concurrent use.
- Also check whether use of your mark could be prevented by passing off or copyright law (section 11(3)).
Read next
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.