Tweet

Likelihood of Confusion: The SAM Rule

Written by: Shannon Moore

Article Overview: When filing for a Federal trademark, it's important to keep the SAM rule in mind. Who's SAM? SAM's not a person but a concept employed by the USPTO during their review process of new Federal trademark applications.

Likelihood of Confusion: The SAM Rule

When filing for a Federal trademark, it's important to keep the SAM rule in mind.

Who's SAM?

SAM's not a person but a concept employed by the USPTO during their review process of new Federal trademark applications.

The USPTO will refuse registration "if the marks are similar and the goods and or services related." So basically marks do not need to be exact conflicts to be considered for refusal. Similarity in sound, appearance, or meaning may be sufficient to support a finding of likelihood of confusion, hence the SAM rule.

Let's take some time to dissect these one by one.

SOUND

Similarities in sound takes into consideration that consumers often hear trademarks be it on television, radio, podcasts, etc. Because of that the USPTO will take into consideration marks that SOUND similar to one another.

Let's look at an example to illustrate this point.

You have a clothing line you want to trademark Federally called DestinyDesigns. The comprehensive research you ordered showed a registered trademark for clothing for Destiknee Dezines. The spelling is wildly different but when you say both, they SOUND identical.

APPEARANCE

Similarities in appearance takes into consideration that consumers often see trademarks be it on television, on the web, magazines, etc. Because of that the USPTO will take into consideration marks that APPEAR to be similar to one another.

Let's look at an example to illustrate this point.

You have a cosmetics line that you plan to name Facing East & would like a Federal trademark. The comprehensive research you ordered showed a registered trademark for cosmetics for Facin' East. The spelling is slightly different but both marks APPEAR to be nearly identical.

MEANING

Similarities in meaning takes into consideration that consumers could easily assume that marks that share a similar meaning are related, such as an offshoot product line or a new facet of a service. Because of that the USPTO will take into consideration marks that MEAN the same as one another.

Let's look at an example to illustrate this point.

You have a web site development service that you plan to name WebWorks & would like a Federal trademark. The comprehensive research you ordered showed a registered trademark for web site development for Internet Works. The words are different but for the average consumer the words web and internet are interchangeable and therefore are thought to MEAN the same thing.

*Comprehensive research will be on the lookout for SAM*

Related Articles
 
  Rules for Homed Based Business Success pt.3
  Will The 48 Hour Opt Out Rule Remain In The UK
  Sales Manager Training: Rule #1 Self Awareness
  How Useful is Confusion?

Article Tags: appearance, clothing line, comprehensive research, conflicts, confusion, consumers, cosmetics, facet, federal trademark, likelihood, offshoot, sam sam, similarity, spelling, television radio, trademark applications, uspto, web magazines



Related Forum Posts
Franchising & Licensing Can Be The Same Thing - FTC Rule 436 defines franchising as anyone offering an Agreement that contains these 3 things: 1. Licensing a "Mark" - which can be a trade name, service mark, commercial symbol, slogan, etc. 2. In the body of the Agreement, there contains, significant controls and assistance. 3. The licensee is paying the licensor in excess of $500 within the first six months of the actual offering of the business. Licensing and Franchising can mean the same thing today. If you do not decide to franchise and comply with FTC Rule 436, you may be in violation of Business Opportunity Laws that exist in 24 individual States.
Re: Is being too connected pushing your business forward or back - My email rule: Don't answer email until evening. My Social networking Rule: Don't go to Social site until I have finished other assignment. Mr forum rule: Post or start a new thread early in the morning and don't spend more than 30 minutes, then comeback in the evening to post more.
Re: Herbert Elwood Gilliland III: I Invented YouTube - [quote:3vele9ih] 1. Herbert's public declarations may get a response from YouTube or Google, but it's very unlikely they will get the response he wants or will like. I do not think this tactic is in his best interests. [/quote:3vele9ih] My friends and colleagues want me to raise awareness of this. As for a response: I expect none from them other than the court documents that have already been filed. Also, Ringo posted this here, not me. And besides: as of today, 2010, 5 years after the incident which I brought before the courts, the media won't touch my story, nor even report on my case because they are partnered with Google. [quote:3vele9ih] - If a person has a legitimate claim and can produce credible evidence to support the claim, then the issue should be given to a qualified legal representative to work through and to provide counsel to the individual. [/quote:3vele9ih] Not with Rule 11. Please read my blog for more information on the "blow to civil rights" that is FRCP Rule 11 in the US. They wouldn't let me get evidence to support my claim. The rule stopped the process of discovery from happening. [quote:3vele9ih] - If the above qualifications apply (legitimate claim; credible evidence), then the issue should not be laid upon the public. I do not see the purpose or value in doing that. [/quote:3vele9ih] In the U.S. it is the purpose of civil litigation to use the public to determine matters when privately people can't work it out. That is what we were trying to do with our case. Unfortunately, those civil liberties have been eroded by the partnership between big business and government. [quote:3vele9ih] THIS IS JUST MY OPINION. I have not taken the time to review the available details to know how legitimate and credible Herbert's claim is. [/quote:3vele9ih] No offense to you, sir, as I'm sure you are "busy", but why share an opinion if you haven't understood, fully, the situation? Kind regards, -h
Re: your personality type? - Hi Michelle! If you are the present-moment focused, this is your result. If it doesn't seem spot on, I'll give you the big-picture focused result. The Enjoyer of Life. You enthusiastically enjoy experiencing the five senses, creative pursuits and social harmony in the here-and-now. You are independent, socially upbeat, and enjoy creating a positive and happy atmosphere. Despite your outgoing “persona,” you are a private person and few people truly know you well). #1 Strength: Comfort Creator #2 Strength: Expressing Social Feeling 1) Comfort Creator -- Creating a comfortable physical environment. Feels the ?ve senses vividly. Adept at using objects, or ?nding or building objects, to make a physical space the most soothing to all ?ve senses. Also organizing so objects are easily found in a convenient way. Both the physical comfort of self, and others, is important. Often feel a need to ensure those close to them are warm enough, fed, rested, etc. Will easily offer help to others in these areas, lending a jacket, or offering a snack. 2) Expressing Social Feeling Setting an emotional tone, vibrant, energetic, or serious, etc. Concerned with the emotional environment as it?s happening -- the vibe of people at a party, the tone of a situation, other people?s responses. Setting the tone -- dramatic and serious, or lighthearted and a celebration. Emotional displays are important for knowing how others are feeling, whether bad or good. Someone talking in a monotone about feelings seems insincere. Feels should be shown, so they can be read by others. Your best type would be: The Conceptualizer. You are an inventive creator of logical systems of possibilities that you use to create processes, products or strategies. Socially, you are sometimes quiet, but also find yourself acting as the life of the party, especially when you get caught up in a debate or entertaining topic of conversation. #1 Strength: Generating Future Possibilities #2 Strength: Systematic/Rule Logic
Re: your personality type? - Hi Zac, If you're on the fence about 2 and 3, I'd think more about them. Big picture people tend to be oblivious to the detail of what is happening NOW -- the colors on a restaurant wall, the layout of someone's apartment, the color of people's shirts at a party, etc. They instead notice the "theme" -- an upscale restaurant (who knows what color), casual shirts at a party (not sure what style), etc. A "trendy" apartment, but who knows where the bathroom was. Gut feeling people tend to act w/o all the facts, and are comfortable following that instinct. "Thinker" people will choose something even if they HATE it, just because it "makes sense." Where as that makes no sense to a gut person. Thinkers are more "black and white" where as gut instinct feelers are more "gray area" people. But going with your selections... 1. Within 2. Big Picture 3. Gut Feeling 4. Spontaneous The Reflective Seeker of Truth. You are a passionate searcher of big-picture meaning and strive to help others with your empathetic listening skills. Socially, you are usually quiet, but can be a social butterfly when you feel like it, though it can be draining to do so for too long. You have a very silly and goofy side, enjoy people and need time to quietly reflect #1 Strength: Predicting Future Likelihoods #2 Strength: Expressing Social Feeling Predicting Future Likelihoods Predicting what is likely to happen, based on past events, themes, or what has historically been true. Deciding what will happen, based on past events. These predictions are usually spoken with con?dence and certainty. A thread or common idea is drawn from the past, and these ideas are used to decide what will happen in the future. Authorities and past situations are extremely important for deciding what will happen in the future. Expressing Social Feeling Setting an emotional tone, vibrant, energetic, or serious, etc. Concerned with the emotional environment as it?s happening -- the vibe of people at a party, the tone of a situation, other people?s responses. Setting the tone -- dramatic and serious, or lighthearted and a celebration. Emotional displays are important for knowing how others are feeling, whether bad or good. Someone talking in a monotone about feelings seems insincere. Feels should be shown, so they can be read by others. If that is your type, your #1 match would be... The Strong-Willed Go-Getter. You are a bold sculptor of the here-and-now in order to achieve immediate results following a logical system for making decisions. You add a fun, upbeat vibe to social events and are often the most gregarious person in the room. #1 Strength: Commander of Physical Space #2 Strength: Systematic/Rule Logic


Share this article with your friends. Fund someone's dream.

Leave a comment below or share on the left and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.

Tweet

Newsletter

Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!

Name:
Email:

Popular Articles

Smart & Simple Internet Techniques

BUILDING A HIGH PERFORMING TEAM

Fear Factors in Small Business: Sales & Marketing

Suggestions

Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.