![]() Know as well that merely registering your business name with a state or county agency or acquiring a domain does not convey any right to use that name in commerce as a source identifier or trademark. ![]() It is of course best practice to clear it before you start using any trademark and starting with a strong one is your best strategy. Before you invest in any trademark of your own make sure you get some legal guidance upfront. We really can't properly evaluate this here. The addition of another word MAY help, but not always.īefore spending your time and money on this business, you may want to consider hiring an attorney to give you a formal and experienced opinion, rather than wasting the time and money and setting things up and growing a brand that you might have to change later, or that might just not be as strong as it could be. ![]() name something an "Apple"-anything, and people are likely to assume it is part of that brand). However, there are some classes which are different but considered related enough where there is a strong argument for confusion, and some marks become so famous that that basically transcend all classes (i.e. If their trademark is registered in a class that is totally different from the one that you will be doing business in, then it usually means that you are fine, even if you had an IDENTICAL name. What is most significant here is the types of business. Spelling doesn't really matter, since they sound the same (despite some people thinking they can replace an "s" with a "z" to get around infringement). Is a consumer seeing or hearing your brand name likely to confuse it with another brand name? As mentioned, trademarks are reviewed using a likelihood of confusion standard.
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