Asked in Trademark

Q: If I register a trademark with a similar name and similar goods and services will it get rejected?

Hello, I have a domain name and want to register a trademark for this name.

Looking through the US trademark search system, I see a live trademark with a name which could be considered word play on my name.

The goods and services is listed as:

IC 009. US 021 023 026 036 038. G & S: Computer application software for mobile phones, namely, software for social networking; Computer application software for mobile phones and handheld computers, namely, software for social networking. FIRST USE: 20150701. FIRST USE IN COMMERCE: 20150701

Looking for any quick advice if I registered a trademark under a similar goods and service. Not a mobile app but also computer software and social networking would it get denied?

Appreciate any help, thanks!

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3 Lawyer Answers
Floyd Edwin Ivey
Floyd Edwin Ivey
Answered
  • Trademarks Lawyer
  • Kennewick, WA

A: The opening statement re: similar in sight or sound for similar goods and or services is the definition of infringement. The similar name for computer program products is likely to confuse consumers - they think, "Which company provided the computer assistance we got last time?"

If there is evidence of confusion then expect a letter, if your use of the mark was later then theirs, asking you to cease use of the mark.

See an attorney knowledgable with Trademark Law.

Marcos Garciaacosta agrees with this answer

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

A: Using a confusingly similar trademark in the same or related class/category of services as an existing trademark could be deemed infringement. Also, attempting to register such a mark could be refused by the USPTO due to a likelihood of confusion with a registered trademark. It is recommended that applicants consult with a trademark attorney to assist you with the process.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: Consult with an attorney. Looks like you would be very close to infringing on somebody else marks.

Best luck!

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