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