Q: I want to use word ladyboss but add other design register for trademark I was searching but it is taken is bad choose ?
A: While the inclusion of design elements could help distinguish your mark, there still could be a likelihood of confusion and potentially a merely descriptive refusal. So you'll also need to consider the relative strength of the mark based on the goods/services being identified. Commonality is another important consideration. And perhaps most relevant of all would be comparing your goods/services to those of the mark in question. If you're unfamiliar with this type of legal analysis, it's probably best to hire an experienced trademark lawyer. So please call or email if you have any further questions.
When choosing a name – there are issues of similarity of the mark to another’s mark and also the similarity of the goods/services used in association with the mark.
Also similarity of the mark does not need to be exactly the same – so if a word means the same thing as another or sounds alike – there may be confusion (ex. lady might be perceived as similar to woman; ex. lady might be perceived to be similar to ladi). But, each situation is unique – so generalizations cannot always be made.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to review the specific facts to your situation.
A: If there is a trademark registered in the same class or related class of good or services, then using that trademark could result in a claim of infringement. Also, note that trademarks that are not registered may have also acquired common law rights so a full clearance search should be conducted prior to using a mark.
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