We are required to make sure that a voter can be confident that they do not confuse one party with another on the ballot paper, and so potentially cast a vote incorrectly.
This test looks at whether, in our opinion, a voter would confuse the identity mark of a party with another party’s identity mark which is already registered.
Our assessment of whether an identity mark is confusing will normally take into account whether the identity mark is visually the same (e.g. the words ‘stationary’ or ‘stationery’, similar images of boats) or contextually the same (e.g. ‘Party of the Oak’ and ‘The Oak Party’).
For emblems, we will consider whether the designed elements and text are different from other emblems.