No Likelihood of Confusion Sample Clauses
The "No Likelihood of Confusion" clause asserts that the parties’ respective trademarks, brands, or products are sufficiently distinct so that consumers are unlikely to confuse one for the other. In practice, this clause may require each party to maintain clear differentiation in branding, packaging, or marketing materials, and may restrict the use of similar names or logos. Its core function is to prevent trademark disputes and protect each party’s brand identity by minimizing the risk of consumer confusion in the marketplace.
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No Likelihood of Confusion. The parties acknowledge and agree that with the limitations on use set forth herein, and in view of the differences between the parties’ respective goods and channels of trade, confusion between the parties’ respective goods, services and business is unlikely. The parties further acknowledge and agree that if either party receives a direct inquiry related to the goods and/or services of the other authorized hereunder, the party receiving such inquiry will use its best reasonable efforts to direct that inquiry to the appropriate party and both parties will take reasonable mutually acceptable steps to prevent further instances of misdirected inquiries or confusion.
No Likelihood of Confusion. The Parties acknowledge and agree that there is no likelihood of confusion between the use of the TFMC Marks by any member of the TFMC Group and the use of the TEN Marks by any member of the TEN Group, in each case as permitted hereunder or under the Separation Agreement. In the event that any member of the TFMC Group seeks to register a TFMC ▇▇▇▇ or any member of the TEN Group seeks to register a TEN ▇▇▇▇, as permitted hereunder, and the U.S. Patent and Trademark Office or applicable foreign or multinational intellectual property office (an “Applicable Trademark Office”) issues an office action with respect to any such application, or refuses to register or otherwise raises an issue or an objection with respect to the registration or ownership of such TFMC ▇▇▇▇ or TEN ▇▇▇▇ as a result of the ownership or use of Technip-Formative Marks by any member of the Group of the other Party, such other Party shall, and shall cause each other member of its Group to, upon request, reasonably cooperate in responding to the Applicable Trademark Office and provide any other reasonable assistance with respect thereto.
No Likelihood of Confusion. The parties acknowledge and agree that, subject to each party's compliance with Sections 4 and 5, there is and will be no likelihood of consumer confusion resulting from the simultaneous use and registration of the Marks for their respective goods as set forth herein because:
(a) The services of the Registration are primarily offered to purchasers of venture capital services, while the goods and services of the Application are primarily offered to merchant customers;
(b) The Marks are used in different established and likely-to-continue trade channels for the goods and services under the Marks;
(c) The purchasers of the parties’ respective goods and services are targeted to different classes of consumers; and
(d) The Marks have been coexisting in the marketplace and neither party is aware of any actual confusion by consumers.
No Likelihood of Confusion. Because the Marks are distinguishable, the parties agree there is not likely to be confusion among and between the Marks. The parties agree that the concurrent use of the Marks by the parties is not likely to cause confusion, to cause mistake by, or to deceive the public as to the source of the parties’ respective goods and/or services. To the extent that either party becomes aware of any instances of actual confusion, each party agrees to promptly notify the other party of such confusion, and the parties will take all reasonable steps to prevent future instances of actual confusion.
No Likelihood of Confusion. The parties acknowledge and agree that there is and will be no likelihood of consumer confusion resulting from the simultaneous use and registration of the Marks for their respective goods as set forth herein because:
(a) Applicant has used the phrase “WHIP IT GOOD” in commerce for more than 40 years and has achieved extensive commercial success therewith. Based on this extensive use in commerce, and including Registrant’s use of its mark since 2010, Applicant and Registrant clearly demonstrate long-term coexistence in the market without consumer confusion
(b) Despite similarities between the common words of both Applicant’s ▇▇▇▇ and Registrant’s Marks, the parties hereto acknowledge and agree that Applicant’s Mark and has gained extensive notoriety as a pop-culture reference. As such, Applicant’s mark is immediately identifiable to Applicant, and therefore, the addition of the word “GOOD” provides far more distinctive value than the ordinary addition of an alternative but similar meaning word. Further, the distinctive prose, being grammatically incorrect, dramatically emphasizes the dissimilarity between Applicant’s Mark and Registrant’s Mark.
(c) Applicant’s established trade channels exist exclusively in association with the musical performing artist professionally known as “Devo.” As a platinum- selling recording artist, Applicant’s goods are distributed and sold through trade channels established for selling and distributing similar goods of musical artists of similar notoriety and further, nearly always adjacent to other merchandise displaying intellectual property of Devo. As such, any purchaser of Applicant’s goods through such established trade channels is likely to be well informed as to the source of the goods. By way of example, Applicant’s trade channels include direct sales at events featuring performances by Devo, sales through Devo’s own website, or sales through other websites or retailers similarly engaged in the sale of products branded by musical artists. On the other hand, Registrant’s goods are currently distributed directly by Registrant to local retailers not specifically engaged in the sale of merchandise of musical artists.
(d) Similar to the distinction between trade channels, Applicant’s marketing channels exist solely in association with Devo; for example, Devo is likely to publish advertisements for Applicant’s Goods through its own social media accounts which inherently and immediately identify Applicant as the source of good...