Detriment to Earlier Mark

In trademark law, "detriment to earlier mark" refers to a situation where the use of a later trademark could harm or damage the distinctiveness or reputation of an earlier trademark that is already in use. The use of a later trademark may lead to confusion among consumers, dilution of the earlier mark's distinctiveness or tarnishment of its reputation.

Detriment to earlier mark is one of the relative grounds for refusal of a trademark application. It is assessed by examining whether the later trademark is similar to an earlier trademark that is already registered or being used, and whether the use of the later trademark could harm the distinctiveness or reputation of the earlier trademark.