Have you filed the application? Frequently, people do not determine their is a similar mark of concern until their trademark application is rejected by an examining Trademark Attorney. If that is your situation, I would encourage you to call the examining Trademark Attorney and speak with him/her. By and large, they are helpful, informative, and interested in resolving the matter expediently. If there is a straightforward way to modify the application to achieve allowance, they will make the suggestion to you.
If you have not yet filed, the central issue is always likelihood of confusion. Will consumers become confused that your business and their business are related? You want to modify your mark and or what you are selling sufficiently so that it is unlikely a consumer would be confused about a relationship between your businesses.
Answered on Nov 20th, 2013 at 9:43 AM