A trade-mark is, by definition, confusing with another trade-mark or trade-name if its use on goods, services or in connection with a business in the same area is likely to lead to the inference that the goods or services, as the case may be, are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class. The onus is on the party alleging confusion to establish a likelihood of confusion and not just a mere possibility. Where confusion is alleged in respect of a group of separate marks, each mark must be considered separately.
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