Q: If elevape is trademarked could I trademark ELE-vape? They are for two different products for different uses
I am interested in creating a product under this name
A:
Questions related to comparing trademarks and determination of a viable registration are very fact specific. Therefore a full analysis is needed. Although in general, registration of a new mark is not allowed if there is “likelihood of confusion.”
“The USPTO determines that a likelihood of confusion exists when both (1) the marks are similar, and (2) the goods and/or services of the parties are related such that consumers would mistakenly believe they come from the same source. Similar marks or related goods/services by themselves are not enough to support a finding of a likelihood of confusion, unless a court has held that the mark is actually a famous mark. That is, generally two identical marks can coexist, so long as the goods and services are not related.” https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf
This answer includes generalizations and there are many caveats. Hiring a lawyer is many times a prudent action.
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