Q: Does a trademarked name have to be spelled exactly or does it cover all versions of the word?
If I trademarked a word like Spider-Man (Which is trademarked to Marvel, just using it as an example), will that also trademark the name Spiderman, Spider Man, or any other variation of. Thanks!
Trademark infringement is based on – at least partially because there is more than one factor -- the similarity of the marks – where the marks do not need to be exactly the same to be considered similar. This can be sound alike or look alike – and other elements of similarity.
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.
Kathryn Perales agrees with this answer
A: Unlike domain names which are based on identicality (i.e. they're either available or they're not), trademark law is much more nuanced. For instance, there could be a likelihood of confusion if both marks are similar in appearance, sound, or even meaning. Per your example, adding a space or hyphen usually wouldn't be enough to avoid conflict. However, two similar marks can coexist if they're considered 'weak' and merely descriptive. Likewise, relatedness of goods/services must be considered, unless the mark in question is deemed 'famous'. Hence, a professional search is always recommended. If you have any further questions, please call or email.
A: Your trademark registration application should include the actual mark that you will use in commerce. Generally speaking, trademark rights for one mark would include protection from other confusingly similar marks being used in the same or related class/categories.
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