Yonkers, NY asked in Trademark for New York

Q: Please explain trademarking, and How it can be used?

i am starting a company, with the name Chillgaming, as one word. When I looked it up chillgaming and a company in Nevada showed up with the same name, but Spelled Chill Gaming, with the space in the middle. What I am asking is Can I still trademark the name even though it's a different layout in spelling? Chill gaming in Nevada is a company that specializes in gambling, while chillgaming is a streaming company, that posts information and news on video games and entertainment.

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2 Lawyer Answers
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: The USPTO looks at marks in its database and the likelihood of confusion among those marks to determine registration. If the goods and services are not related, you may be able to register the mark. I would suggest having a trademark attorney do a comprehensive search for you so that you can properly protect your brand.

Kathryn Perales agrees with this answer

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: When a trademark is confusingly similar to another trademark, there is a risk of a claim of trademark infringement, particularly when the trademarks are in identical or related classes/categories, ie. entertainment. Adding a space between the words in the trademark is likely insufficient to overcome the likelihood of confusion among the public regarding the source of the goods/services being offered. Consult with a trademark attorney for assistance.

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