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4.3.2 The degree of confusion likely between the marks in question
Up one levelThe more likely it is that the public will be confused if the applicant’s mark is registered alongside the cited mark the weaker the applicant’s case is for concurrent registration. The public interest must be considered.
The entire scope of the registration must be considered. Consideration should not be limited to how the mark is currently being used.
The degree of confusion is likely to be greater if the trade mark is very distinctive in relation to the goods or services.
