The Lapp Test is the standard used to determine whether a likelihood of confusion exists between two trademarks. Under the Lanham Act, liability for trademark infringement is essentially based on a finding that the use of one trademark causes a likelihood of confusion with another previously established trademark. A likelihood of confusion exists when an allegedly infringing trademark is likely to cause an appreciable number of reasonably prudent purchasers to be confused as to the source or origin of the products or services it is used to identify.
In the law of branding, a characterization scheme of trade designations in increasing order of distinctiveness: generic, descriptive, suggestive, and arbitrary or fanciful.
