Common use of No Likelihood of Confusion Clause in Contracts

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.