One possible outcome of a likelihood of confusion fight is reverse confusion. Reverse confusion is when the infringing newer trademark is more well-known than the senior trademark. This can happen if the younger mark was the subject of an advertising campaign and potential customers are more likely to recognize it than the older mark. This finding can of course be detrimental for the owner of the older mark as consumers may pass when purchasing their goods because they think the older mark is the infringer. Reverse confusion may also be bad for the younger mark if it is found that they used or advertised the new mark with disregard for the older mark’s status. This bad faith move can result in damages. Reverse confusion can add complications and risks for both sides. Like regular likelihood of confusion, it is best avoided through careful searching and selection of a trademark prior to filing.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.