Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"
Looking for trademark help.
A: The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services, etc.
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A: While the inclusion of design elements may 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 and whether any disclaimers have been entered for the mark in question. 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.
There is a chance to obtain a federal trademark registration on a mark that is already similar to another. Determining that chance relates to: the similarity of the goods/services that are indicated by the mark; elements related to the strength of the mark (status as descriptive or generic); and other factors.
Think of a sink faucet brand, airline, dental insurance – all use delta as part of their name – and they are able to coexist. The answer to your question would need a full legal analysis to know for sure. Hiring a lawyer may be prudent to prevent the loss of time and money.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation.
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