Question: I started a line of infant gifts inspired by all things British. I would like to use the bosom of a knight as a logo.
Burberry is not the only registered trademark that uses an equestrian knight logo. Would the bosom of a knight be confusing to a consumer who knows the knight on horse logo from Burberry? Would Burberry attest my application for trademark? My mark is just a bosom, no horse an no flags.
Answer: Whether you can use another’s mark or just some part of it depends on whether doing so would create a likelihood of confusion by consumers. This requires looking at a number of factors beyond whether the registered trademark and your revised trademark and highly identical or not. Other factors include whether there are similar sales channels.
Another issue is whether your use of the revised trademark would dilute a famous trademark. This is not necessarily answered by whether there is a likelihood of confusion.