Trade Names Too Close?

Question

I looked up a tradename online and foud another company in the same industry. The only difference between their name and mine is that i have an "s" at the end. Is it too close? Would I be denied?

Answer 1

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.

To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."

It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not. You're going to want to know when this other company started & what their trade areas are -- I'd suggest looking into that first so you needn't pay an attorney to do that work for you.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Yes, it probably will be denied, specially because adding an "s" is the normal English way to form a plural.

Tipp: Look for a tradename that simply does NOT exist in the web in any form - try Google.

I have found quite a few such names with 7-9 digits, just be creative.

Answer 3

You can always ask. I would also suggest asking the other company with the name if they would release their rights to the name with the s.

Answer 4

Yes.