Will the USPTO refuse my trademark application for likihood of confusion if I have the same name of another company in mine?
Asked on Mar 19th, 2012 on Business Law - West Virginia
More details to this question:
I ran a search through the USPTO search engine and found that there is already a trademarked company the sells clothing under the name "de leon." I wanted to tademark a clothing company under the name "love de leon." I know that the names can''t sound similar or be in the same "niche" because it could get rused by "likihood of confusion." I just want to know that since I''m putting the word "love" in front of "de leon" if I still have a chance of getting my business name trademarked or if they USPTO will refuse my application because of my name consists of the same last two words and is in the same niche of clothing apparel. The USPTO will NOT answer this question without applying first and paying the non-refunable fee of $325. I just want to know what a lawyer would recommend before I place my application and possibly lose my money. Thanks for your help.
As a general matter, if your mark incorporates the registered mark of another in its entirety and the two marks are for goods of the same class, registration will be refused.
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