Further Developing a Word Mark Similarity Measurement Framework

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Further Developing a Word Mark Similarity Measurement Framework

	By David Barnett Brand Protection Strategist at Stobbs
	October 09, 2024 Views: 5,119 Add Comment

Following my previous article outlining a suggested framework for objectively quantifying mark similarity, this follow-up study looks further at the algorithms proposed for use with word marks and explores some possible enhancements.

In Part 1, I consider the degree to which the similarity metric is consistent with assessments provided by other sources, namely the (subjective) decisions from recent UK trademark dispute cases, and the results from a trademark similarity search tool.

Part 2 considers the use of analysis of subsequences and substrings between pairs of marks, and proposes an additional metric for quantifying similarity, based on the proportions of the marks which are common to each other.

Part 3 explores the use of a tool for converting strings into their phonetic representations using International Phonetic Alphabet (IPA) syntax, as a means for assessing the aural (pronunciation) similarity between marks.

These ideas could be incorporated into a framework of greater sophistication for measuring the similarity of marks in a quantitative sense. Whilst, in general, there remains significant subjectivity in the relevant legal tests, an objective framework offers a tool allowing for the possibility of greater consistency if incorporated into relevant arguments, frameworks and—ultimately—case law.

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By David Barnett, Brand Protection Strategist at Stobbs

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Brand Protection

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