QUESTION
How different do two trademarks need to be?
Asked on Apr 05th, 2016 on Intellectual Property - Missouri
More details to this question:
I’d like to use a name for my brand that is very similar to an active registered trademark. The trademarked brand name is made up of two words with a space in between and a plus “+” symbol at the end; whereas I’d like to use the two words merged together (no space, no plus symbol). For example, I want to use “XYZProducts”, but a trademark exists for “XYZ Products+”. Are these differences vast enough to not violate the existing trademark?
1 ANSWER
The key issue to your question is "likelihood of confusion". If your product/service is in the same class as the registered trademark then the Trademark Examining Attorney with the USPTO will find there is likelihood of confusion and refuse to register your trademark. The focus is on whether or not the consumer would be confused as to the origin of the product/service. You do not want consumers to think that another company is selling your products/services. You need to distinguish your products/services from others in commerce.
If you insist on using this trademark there is strong likelihood that the owner of the registered trademark will send you a cease and desist letter. If you refuse to stop using the trademark they may file a trademark infringement law suit against you.
A straight forward answer to your questions is "No."
Answered on Apr 11th, 2016 at 7:45 AM