Q: How similar can a business name be to another business without infringing trademark law?
My business name is similar to another business’s name, but I am unsure whether it is similar enough to constitute trademark infringement. Example of the situation I am facing (not actual company names): Company A is named Bob’s Cupcakes. Company B is named Bob Smith’s Cupcakes. Would these names be considered “too similar?” I am seeking guidance on this matter because I am very happy with the name I have chosen and would rather not change it if this will most likely not cause issues with trademark law. Thank you for any advice.
A: An attorney would need to know much more than just the two names to answer this questions. There are a variety of factors to consider, such as the similarity of products and how the two marks are presented to consumers. It is also important to know who used the mark first and what is claimed in any applicable registrations. Before proceeding with the name, you should speak with a trademark attorney.
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