united-states trademark us-federal-government
How similar do trademarks have to be to be infringement?
<p>I received a marketing email from Lenovo with the slogan &quot;Different is better.&quot; This seems quite similar to Apple's &quot;Think different,&quot; to the point that had I seen the slogan out of context, I would have thought it was Apple's; however, I'm sure Lenovo cleared it with their legal department.</p>
<p>How similar do two slogans have to be for trademark infringement?</p>

<h2>They have to be <a href="https://www.baxterip.com.au/trade-mark-infringement#:%7E:text=Under%20Section%20120%20of%20the,trade%20mark%20is%20registered%20for" rel="nofollow noreferrer">substantially identical or deceptively similar</a></h2>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" aria-label="show questions tagged &#39;australia&#39;" rel="tag" aria-labelledby="tag-australia-tooltip-container">australia</a></p>
<p>Substantially identical is a side-by-side comparison noting the similarities and differences.</p>
<p>If they are not substantially identical, then the deceptively similar test is “ between, on the one hand, the impression based on recollection of one mark that a person of ordinary intelligence and memory would have and, on the other hand, the impressions that such a person would get from looking at the second mark.”</p>
<p>Are they substantially identical? No.</p>
<p>Are they deceptively similar? Maybe.</p>
