How Haloo's AI determines risk, and what these informational ratings mean for you.
Our informational risk ratings
When you search a word mark with Haloo, you will be given one of 3 risk ratings - 'Pass', 'Pause', or 'Stop'. These informational risk rankings indicate whether there will be conflict or confusion with other trademarks on the trademarks registry, based on a "Likelihood of Confusion". The legal test for "Likelihood of Confusion" is a complicated test that looks at multiple factors to determine whether a trademark is legally protectable. You can learn more about the "Likelihood of Confusion" here.
While common law (also known as unregistered) trademark use is important to look at, it isn’t used to inform our risk rating.
Haloo's risk ranking are for informational purposes only and do not constitute legal advice.
What a 'Stop' rating means
Active marks that are an exact match in the same Nice Class, with shared keywords (determined by the Nice Class subclasses set within search parameters) will trigger a 'Stop' from Haloo.
A 'Stop' from Haloo is a directly confusing trademark. A 'Likelihood of Confusion' refusal is probable; existing trademarks were found on the trademarks registry and may prevent its use and registration. If you were to submit this mark for registration, an examiner would issue an Office Action or refusal. We do not recommend proceeding without further consideration.
What a 'Pause' rating means
A 'Pause' from Haloo means the mark is a potentially clear trademark and indicates a 'Likelihood of Confusion' refusal at examination is possible, so we recommend looking closer before proceeding. These are often very passable marks, however, since there is room for subjectivity and nuance with trademarks, we suggest taking a closer look at these marks before proceeding.
If you were to submit this mark for registration, a trademarks examiner may raise concerns through the issuance of an Office Action. Often, these problems can be overcome by a lawyer's response to the examiner's Office Actions, the establishment of co-existence agreements, or other means.
What a 'Pass' rating means
A 'Pass' is a clear trademark. A 'Likelihood of Confusion' refusal is unlikely; there are no trademarks similar enough to the searched mark to be likely to prevent its use and registration. If you were to submit this mark for registration, your mark would almost certainly pass at examination.