Q: If I named my company Vive and another company named Revive(TM) makes similar products would this be a TM issue?

A: The most important issue, though not the only one, is whether there is or is not a reasonable likelihood of confusion with the relevant consumer market. Thus, in general, the more similar the names, the higher the likelihood of confusion, the more similar the products, the higher likelihood of confusion, etc. Other factors include the channels of commerce in which the products are sold (e.g. one sold retail, the other sold wholesale), the care with which purchasing decisions of the product are made by the consumer (e.g. something they buy off the impulse rack at the store vs. buying a car), and the geographic area. Then you have to analyze registrations, the date of first use of each party, etc.

With your example, it's hard to speculate on just how similar the products actually are, but there is certainly a chance of confusion. Understand that this is an area with no yes/no answer, only degrees of certainty, and if a trademark holder decides that they believe there is a likelihood of confusion, they may well take action, and then no amount of advanced speculation is going to save you from having to hash out or litigate the dispute.

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